Austrian legislation distinguishes between sole custody of a child and joint custody of both parents. Child custody laws distinguish between married, single and separated parents.
In this opinion, the Professor analyzes in the field of Austrian law the concepts of joint custody of parents over a minor child, the activities of the family court in divorce proceedings, the issue of exclusive custody of a joint child, as well as the right to contact with the child. It also raises the issue of the institution of a child’s attorney in highly controversial court proceedings regarding child custody and the right to contact with a child, which are particularly stressful for the children concerned; the court may appoint the so-called the child’s lawyer (defender).
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