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Dokument BGB Book 4 Family Law
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358
=S=> BGB 1684. 1 The child has the right to contact with each parent ; each parent has a duty and a right of contact with the child .
=S=> BGB 1684. 2 The parents must refrain from everything that renders more difficult the relationship of the child to the other parent or the upbringing . Similar provisions apply if the child is in the charge of another person .
=S=> BGB 1684. 3 The family court may decide on the scope of the right of contact and make more detailed provisions on its exercise , including provisions affecting third parties . It may enjoin the parties by orders to fulfil the duty defined in subsection ( 2 ) . If the obligation in accordance with subsection ( 2 ) is considerably violated permanently or repeatedly , the family court may also order custodianship for the implementation of access ( access custodianship ) . Access custodianship includes the right to demand surrender of the child to implement access and to determine where the child is to be for the duration of access . The order is to be time-limited . Section 277 of the Act on the Procedure in Family Matters and in Matters of Non-contentious Jurisdiction applies with the necessary modifications to compensation for expenditure and remuneration of the access custodian .
=S=> BGB 1684. 4 The family court may restrict or exclude the right of contact or the enforcement of earlier decisions on the right of contact , to the extent that this is necessary for the best interests of the child . A decision that restricts the right of contact or its enforcement for a long period or permanently may only be made if otherwise the best interests of the child would be endangered . The family court may in particular order that contact may take place only if a third party who is prepared to cooperate is present . The third party may also be an agency of the youth welfare service or an association ; the latter then determines in each case which individual carries out the task .