Judgment Manipulations of the children can justify accompanied handling

OLG Oldenburg: Father must tolerate contact under the youth welfare office
If a divorced father encourages conflict with the mother through child manipulation, the right of access can be restricted. Because the manipulations lead to a risk to the best interests of the child, a court may order the handling of the father with his children only under the supervision of the Youth Office, the Higher Regional Court (OLG) Oldenburg ruled in a decision announced Wednesday (ref .: 4 UF 5/17).

The district court of Oldenburg had ordered in the specific case that a separated father may only meet his eight and five-year-old children living with the mother under the supervision of the Youth Welfare Office.

(Bidl: S.Kobold / fotolia.com)

The father considered the order of "assisted handling" unlawful. He referred to his good relationship with his children. His ex-partner also took the children to Turkey without his permission. Only he was able to bring the children back into the familiar environment to Oldenburg.

The Higher Regional Court, however, considered the restriction of the right of access to be lawful because of a threat to the best interests of the child. The children would have to be protected from manipulation of the father. On her return from Turkey, the latter had asked her to explain to the authorities that they refused to contact the mother. Also, they should truthfully claim that the mother left them alone and beaten.

The father has repeatedly stated that he does not recognize the German legal system. Therefore, it is to be feared that he will not accept the custody decision taken by the family court in favor of the mother, the OLG said. The children also credibly reported on mistreatment of the father. Against this background, only the arrangement of an "accompanied handling" comes into consideration.

Following this decision of 17 January 2017, the father withdrew his complaint against the District Court decision. fle / mwo