Parents may exercise custody over a child jointly, or in certain cases, individually. Separate custody means that only one parent has the right to exercise custody over the child.
Joint custody
Parents have joint custody over a child as long as they have not agreed upon separate custody, or it has not been established by a court.
Decision-making about issues concerning the child and the implementation of these decisions is, therefore, shared between both parents. This means that the other parent’s consent for decisions regarding significant matters in the child’s life must be obtained.
example Both parents must mutually agree on the child’s place of residence.
Separate custody
The parents may agree upon one parent’s separate custody over a child, which must be in the child’s best interest. In such case the parents still decide on issues that significantly affect the child’s development in agreement and in accordance with the best interests of the child. The parent exercising custody decides on the issues of the child's daily life and on the child's permanent residence alone, provided that this does not interfere with issues that significantly affect the child's development.
Where the parents cannot reach mutual agreement on custody, this may also be established by a court. Separate custody is also exercised by one parent where the other parent’s custody rights have been withdrawn.
example If a child is living abroad with one parent, and the distance and limited communication between the parents complicates the exercise of joint custody, the parents may agree upon separate custody for the parent living with the child, which will have to be confirmed by a court.
important Separate custody does not mean, that the other parent is deprived of all aspects of custody rights over his/her child. He/she may still exercise parental authority over issues that significantly affect the child’s development, and is obliged to support the child financially.
Disagreements & the Principle of the best interests of a child
Disagreements between parents on issues of parental care may be settled by the court of general jurisdiction (department of family justice). But except in exceptional cases, the parents must first try to agree on a common solution with the help of a centre for social work or mediators.
important All custody disputes must be decided, taking into account the best interests of the child.