Right to information about the children together

BGH: In the case of denied information, penalty money can be imposed
Karlsruhe (jur). After a separation, the mother has to give the father information about the common child living with her. If it violates this right to information, a periodic penalty payment or substitute coercive liability can be ordered in order to retune the mother, the Federal Supreme Court (BGH) in Karlsruhe ruled in a resolution published on Friday, 7 April 2017 (Ref .: XII 245/169 ).

This means that a mother from Bernau near Berlin has to pay a penalty of 100 euros or, alternatively, go into forced labor for two days. She had refused to give her ex-partner information about the state of health of the common child.

(Image: S.Kobold / fotolia.com)

In the course of the separation, the Higher Regional Court (OLG) Brandenburg obliged her to send the father a current photo every quarter, as well as photos of special celebrations such as birthday or school enrollment. In addition, the Higher Education Court obliged the mother to provide the father with information on the state of health of the child every six months in the form of medical certificates. Otherwise, she was threatened with a fine or substitute orderly.

When the woman did not provide information about the child's state of health, a fine of € 100 or alternatively two days' imprisonment was imposed.

In its decision of 15 March 2017, the BGH confirmed that the mother must provide information about the common child under the law. Since the Act on the Reform of the Parenting Law of 16 December 1997, this right to information has been redefined. According to this, basically every parent "can request information about the personal circumstances of the child, as long as this does not contradict the best interests of the child".

Here the mother violated this duty. However, the OLG had formally incorrectly set a fine. Ordinance would be sanctioned and enforced "if the act, tacit or omission can not be carried out due to the passage of time".

Here, however, the mother should not be sanctioned, but to be persuaded to give the information. This can be achieved with the imposition of a penalty or coercive detention. The BGH therefore concluded that the woman must pay a penalty of 100 euros, otherwise threatened two days compulsory liability. This is proportionate and appropriate. fle