Minors And Name Law Amendment Act 2013 - 2013 Kindnamräg

Original Language Title: Kindschafts- und Namensrechts-Änderungsgesetz 2013 – KindNamRÄG 2013

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15. Federal Law, with which the General Civil Code, the Non-Strike Act, the marriage law, the Judicial Care Agency Act, the Law Splaying Act, the Court Fees Act, the Federal Law for the Implementation of the Convention of 25. October 1980 on the Civil Aspects of International Child Abduction and the Name Change Act (Child and Naming Rights Amendment Act 2013-KindNamRÄG 2013)

The National Council has decided:

Article 1

Amendment of the General Civil Code

The General Civil Code, JGS No. 946/1811, as last amended by the Federal Law BGBl. I n ° 58/2010 and the BGBl agreement. I n ° 68/2012, shall be amended as follows:

1. § § 93 and 93a together with the headline are:

" Name

§ 93. (1) The spouses shall carry out the common family names which they have determined. In the absence of such a provision, they retain their previous family names.

(2) For the common surname, the fiancée or spouse can determine one of their names. If it is used for a name consisting of a plurality of parts which are separated from one another or connected by a hyphen, the entire name or its parts can be used. You can also choose one of the family names of the two double names to be used for the common family name; they may use a total of two parts of the same name.

(3) The spouse, whose surname is not a common family name, may also decide before marriage that he/she will lead a double name consisting of the common surname and his surname, unless the common name of the spouse has been established. Family name already consists of several parts; the spouse, whose surname is composed of several parts, may also use only one of these parts.

(4) A double name shall be separated by a hyphen between the individual parts of the latter.

§ 93a. (1) If the surname of a spouse changes, a new provision may be made.

(2) If the marriage is dissolved, the spouses may retake any previously lawfully run family name.

(3) A person may determine that their family name is adapted to the sex, insofar as this corresponds to the origin of the person or the tradition of the language from which the name comes from. It can also determine that a gender-based ending of the name is deleted. "

2. According to § 93a the following § § 93b and 93c are inserted:

" § 93b. The determination or retake of a surname in accordance with § § 93 and 93a is only permitted once.

§ 93c. Declarations of name are to be made to the civil service officer in public or publicly certified documents. Their effects will occur as soon as they come to the registry officer. "

3. The following heading shall be inserted before section 94:

"Other effects of marriage"

4. The third main part of the first part is complete with headlines:

" Third main piece

Rights between parents and children

First section

General provisions

General principles

§ 137. (1) Parents and children have to stand by each other and face each other with respect. The rights and duties of the father and of the mother shall, unless otherwise specified, be the same.

(2) Parents must promote the well-being of their underage children, to provide them with care, security and careful education. The use of any kind of violence and the infliction of physical or mental suffering are inadmissible. As far as possible and possible, the parents are to take care of the care by mutual agreement.

Child welfare

§ 138. In all matters concerning the minor child, in particular the care and personal contacts, the best interests of the child (child welfare) must be taken into consideration as a guiding point of view and should be ensured in the best possible way. Important criteria for the assessment of the child's welfare are in particular:

1.

adequate supplies, in particular with food, medical and sanitary care and housing, as well as a careful upbringing of the child;

2.

the care, security and protection of the physical and mental integrity of the child;

3.

the appreciation and acceptance of the child by the parents;

4.

the promotion of the child's facilities, abilities, inclinations and development opportunities;

5.

taking into account the opinion of the child as a function of his or her understanding and of the ability to form opinions;

6.

the avoidance of the impairment which the child could suffer through the implementation and enforcement of a measure against his will;

7.

to avoid the risk to the child, to suffer violence or violence, or to take part in important reference persons;

8.

the avoidance of the risk to the child to be illegally spent or to be held or otherwise to be harmed;

9.

reliable contacts of the child with both parents and important reference persons as well as the safe ties of the child to these persons;

10.

the prevention of conflicts of loyalty and guilt of the child;

11.

the protection of the rights, claims and interests of the child and

12.

the living conditions of the child, his parents and his/her other environment.

§ 139. (1) Third parties may intervene in parental rights only in so far as they are permitted to do so by the parents themselves, directly under the law or by means of a public authority.

(2) A person who is not only temporarily resident in the common household and who is in a family relationship with the parent, and who is not only temporarily resident in the common household, has everything to do with reasonable circumstances in order to do so. Child welfare to be protected. As far as circumstances require, she also represents the parent in the custody matters of daily life.

Second section

Ancestry of the child

(a) General

§ 140. The descent and its alteration, as well as the determination of non-lineage, which are based on this code, have an effect on everyone.

Ability to act in ancestral matters

§ 141. (1) If they are not entitled to participate in matters of their descent and descent, persons capable of being insured and responsible may act legally in matters of their lineage and descent, provided that their legal representative agrees. If, in such case, the legal representative is acting, he shall require the consent of the person who is capable of being considered and the competent to be informed. In case of doubt, the existence of the supremity and judgment shall be presumed to be in the case of a minor minor.

(2) The legal representative has to be guided by the good of the representative. His acts of representation in matters of descent do not require the approval of the court.

Succession in ancestral cases

Section 142. After the death of the person concerned, the determination of the descent, its modification or the determination of the non-lineage may be effected by the legal successor or against the same.

b) ancestry of the mother

§ 143. Mother is the woman who gave birth to the child.

c) Ancestry of the Father

§ 144. (1) The father of the child is the man,

1.

who is married to the mother at the time of birth of the child, or who died as a mother's husband not earlier than 300 days before the birth of the child, or

2.

who has recognised fatherhood, or

3.

whose fatherhood is determined by the courts.

(2) If, according to paragraph 1, Z 1, several men are considered to be a father, that of them is the father who, with the mother, has recently concluded the marriage.

Acknowledgment of the Father

§ 145. (1) The paternity shall be recognized by a personal declaration in a public or publicly certified authentic instrument. The recognition shall have effect from the date of the declaration, provided that the document or its publicly certified copy of the document is assigned to the civil servant.

(2) The recognition shall contain a precise name of the person who is to be recognized, the mother and the child, if it is already born.

(3) For consents to the recognition, paragraphs 1 and 2 shall apply accordingly.

§ 146. (1) The child or the mother, insofar as it is capable of being and judgement as well as in life, may object to the recognition within two years from the knowledge of its legal effectiveness in the case of court.

(2) The course of the period is inhibited as long as the person entitled to appeal is not self-authorized or, within the last year of the period, is prevented from objecting to objection by an unforeseen or unwaxable event.

§ 147. (1) If, at the time of recognition, the paternity of another man is already established, the recognition shall not become effective until the other man is found to have a generally binding effect, that the other man is not the father of the person concerned. Child is.

(2) However, at a time when the child's descent is determined by another man, the paternity recognition shall be legally effective if the child agrees to the recognition in a public or publicly certified document. Moreover, if the child is not entitled to be self-righteous, the recognition is only legally effective if the mother himself, which is capable of judgment and judgment, describes the person in question as the father in the form mentioned. The recognition shall take effect from the date of its declaration, provided that the documents established by this Declaration and by the consent to the recognition and, if necessary, the name of the recognition of the recognition as a father or their Publicly certified copies shall be sent to the standing official.

(3) The man who has been established as a father, or the mother, insofar as it is capable of being considered and judging and alive and has not referred to the recognition as a father in accordance with paragraph 2, may object to the recognition of the judgment in the case of the court. § 146 shall apply accordingly.

(4) For the consent of the minor child, the youth welfare carrier is the legal representative of the child.

Judicial review of fatherhood

§ 148. (1) As a father, the court has to determine the man from whom the child was born. The application may be made by the child against the man or by the child against the child.

(2) At the request of the child, the man may be identified as a father who has been the mother of the mother within not more than 300 days and not less than 180 days before the birth, or who has a seed in the mother during that period. Medically assisted reproduction has been carried out, unless it proves that the child is not derived from it. Such a determination shall no longer be possible after the expiry of two years after the death of the man, unless the child proves that the proof referred to in paragraph 1 does not succeed on the part of the man on grounds of reasons.

(3) If, within the period referred to in paragraph 2, a medically assisted reproduction has been carried out on the mother with the semen of a third party, the father of the man who is in the form of this medically assisted reproduction shall be identified as the father of a third party. of a notarial act, unless it proves that the child has not been fathered by this medically assisted reproduction.

(4) A third party whose seed is used for a medically assisted reproduction cannot be identified as the father of the child born with his semen. The third is who leaves his seed of a nurse approved for medically assisted reproduction, with the will not to be found himself as the father of a child born with this seed.

Section 149. (1) The legal representative shall ensure that fatherhood is established, unless the determination of fatherhood is detrimental to the good of the child or the mother of her right not to have the name of the father to make use of it.

(2) The youth welfare carrier has to draw the attention of the mother to the consequences of the fact that the fatherhood is not established.

Paternity arrest of existing ancestry

§ 150. The child can also apply for the determination of his descent if the fatherhood of another man is already established. In such a case, the determination of the descent has the effect to be interpreted by the court that the child is not descending from the other man.

Determination of non-lineage from the husband of the mother

§ 151. (1) A child who was born during the marriage of the mother or before the expiry of 300 days after the death of the mother's husband, does not depart from the mother, the court shall determine this on request.

(2) The application may be made by the child against the man and by the child against the child.

§ 152. If the husband of the mother has consented to a medically assisted reproduction with the seed of a third party in the form of a notarial act, it cannot be claimed that the child born with the semen of the third party is not from the husband. of the mother.

§ 153. (1) A request for a determination that the child is not descending from the mother's husband can be made within two years from the knowledge of the circumstances in question. This period shall begin at the earliest with the birth of the child, in the event of a change in lineage at the earliest with the effectiveness of the change. A request shall not be admissible as long as the child's descent is established by another man.

(2) The course of the period of time shall be inhibited as long as the person entitled to the claim is not entitled to self or within the last year of the period is prevented by an unforeseen or unwavable event at the application.

(3) Later than 30 years after the birth of the child or after a change in descent, only the child can desire the determination of the non-lineage.

Legal declaration of the paternity recognition

§ 154. (1) The Court of First Instance has to declare the recognition of legal ineffectiveness

1.

on its own account, if:

a)

the recognition or, in the case of Section 147 (2), the consent of the child or the name of the person to be recognized as a father by the mother does not comply with the formal requirements, or

b)

it has lacked the legal representation on the part of the person recognizing or, in the case of § 147, para. 2, of the child or the mother, or, in the case of the recognition or the child, of the legal representation, unless the defect of the The legal representation has been remedied retroactively or the recognition party has approved the recognition after the achievement of the self-authorization;

2.

due to an appeal, unless it has been shown that the child is derived from the recognition or-if the child has been fathered by a medically assisted reproduction with the seed of a third party-that the child is in the form of of a notarial act;

3.

at the request of the applicant, if he proves that:

a)

that his recognition by cunning, unfair and instigated fear or error has been caused by the child being derived from him or by a medically assisted reproduction with his or her sperm or by his consent to the mother with the semen of a third party, or

b)

that the child does not come from him and that he has only subsequently become aware of circumstances that speak for the child's non-lineage.

(2) The application pursuant to paragraph 1 (1) (3) may be levied at the latest until the end of two years after the discovery of the deception, error or circumstances, or after the expiry of the compulsive situation. The period begins at the earliest with the birth of the child.

Third Section

Name

§ 155. (1) The child shall be given the common family name of the parents. However, it is also possible to determine the double name of a parent (section 93 (3)) on the child's surname.

(2) If the parents do not have a common family name, the family name of the child may be determined by a parent's surname. If it is used for a name consisting of a plurality of parts which are separated from one another or connected by a hyphen, the entire name or its parts can be used. It is also possible to determine a double name made up of the surnames of both parents, but at most two parts of these names may be used. A double name is to be separated by a hyphen between the individual parts of the name.

(3) In the absence of such a provision, the child shall be given the family name of the mother, even if it is a double name.

§ 156. (1) The family name of the child shall determine the person entrusted with the care and upbringing. A number of persons in charge of this agreement shall have the agreement; however, the declaration of one of them shall suffice, provided that it is assured that the other is in agreement or that the agreement cannot be reached with reasonable effort.

(2) Persons with a view to the right of access and judgment shall determine their surnames themselves. The ability to view and judgment is presumed in the case of minor minors.

§ 157. (1) The determination of a family name in accordance with § 155 is only permitted once.

(2) If the family name of the parent or of a parent changes or the parents marry each other, the family name of the child may be re-determined. The same applies to changes in the person of a parent, such as an acceptance of a child's child, or a justification or alteration of the child's ancestry.

(3) § § 93a and 93c are to be applied to the determination of the child's surname.

Fourth Section

Care

Contents of the care

§ 158. (1) Those who are entrusted with the care of an underage child, have to nurture and educate, manage their assets and represent it in these and all other matters; care and education as well as wealth management comprise also the legal representation in these areas.

(2) As long as a parent is not fully capable of business, he does not have the right and the duty to manage the child's assets and represent the child.

Good-conduct

§ 159. In the exercise of the rights and obligations under this Headpiece, in order to safeguard the best interests of the child, everything shall be subject to the relationship of the minor to other persons, to the rights of the child in accordance with that main piece and to the rights of the child. Obligations, impairs or impedes the performance of their duties.

Care, education and determination of the child's stay

§ 160. (1) The care of the underage child includes, in particular, the perception of the physical well-being and health, as well as the immediate supervision, the education, in particular, the development of the physical, mental, spiritual and moral forces, the promotion of the children's facilities, abilities, inclinations and development opportunities, as well as their education in school and occupation.

(2) The extent of care and education depends on the living conditions of the parents.

(3) In matters of care and education, parents also have to take care of the will of the child, insofar as they do not stand in the way of their well-being or their living conditions. The will of the child is all the more relevant, the more it is able to see the reason and the meaning of a measure and to determine its will in the light of this insight.

Section 161. The underage child has to follow the orders of the parents. The parents have to take care of the child's age, development and personality in their orders and their enforcement.

§ 162. (1) In so far as care and education require it, the parent entitled thereto shall also have the right to determine the stay of the child. If the child is kept elsewhere, the authorities and bodies of the public security service shall, at the request of an eligible parent, assist in the identification of the stay, if necessary also in the return of the child.

(2) If the parents have agreed or the court determines which of the parents entitled to care should care for the child mainly in their household, this parent has the sole right to determine the place of residence of the child.

(3) If it is not established in whose household the child is to be mainly cared for, the place of residence of the child shall be transferred only with the consent of both parents or the approval of the court. In deciding on the authorisation, the Court of First Instance must respect both the child's welfare and the rights of parents to protection against violence, freedom of movement and the freedom of the profession.

§ 163. Neither an underage child nor the parents can consent to a medical measure aimed at a permanent reproductive inability of the minor child.

Asset management

§ 164. (1) Parents have to manage the assets of an underage child with the care of ordinary parents. If the best interests of the child do not require otherwise, they must be preserved in their stock and, if possible, to multiply; money shall be invested in accordance with the rules on the deposit of Mündelgeld.

(2) In any event, the costs of the administration, including the costs of maintaining the assets and the ordinary economic operation, and the payments due, shall be adjusted from the assets; the costs of the administration shall also be adjusted. Maintenance, insofar as the child is obliged to use his property in accordance with § § 231 and 232, or if the needs of the child are not covered in any other way.

§ 165. (1) Parents shall have to take account of the property of the minor child in the court of law, but only if they have not been used for the maintenance of the child. More details are determined in the procedural laws.

(2) The court may free the parents from the accounts in whole or in part, unless there are concerns that they will properly manage the child's assets.

§ 166. If an underage child is granted a fortune and a parent is excluded from the administration, the other parent shall be entrusted with the administration. If both parents or the parent who is solely responsible for the care are excluded, the court has to entrust other persons with the administration.

Legal representation of the child

§ 167. (1) If both parents are responsible for the care, each parent shall be entitled and obliged to represent the child on their own; his act of representation shall be legally effective even if the other parent does not agree with it.

(2) acts of representation and consent of a parent who makes the change of the first name or the surname, the entry into a church or religious society and the withdrawal from such a parent, the transfer to foreign care, the acquisition of a nationality or the renunciation of such a person, the early solution of a teaching, training or service contract and the recognition of fatherhood to an illegitimate child shall be subject to the consent of the consent of the of the other parent who is responsible for care. This does not apply to the receipt of declarations of intent and deliverable items.

(3) Representative actions and consent of a parent in property matters shall require the consent of the other care-responsible parent and the approval of the court, provided that the property is a matter of law. is not part of the ordinary economic operation. This condition shall include, in particular, the sale or loading of real estate, the establishment, the acquisition, the conversion, sale or dissolution of the property, as well as the modification of the object of a company which, , entry into or the conversion of a company or cooperative, the renunciation of a succession, the unconditional acceptance or the imposition of an inheritance, the acceptance of a gift or the gift of a gift, or the relegation of a inheritance, the acceptance of a gift or the Rejection of a gift request, the application of money with the exception of the § § § § § § § § § § § § § § 216 and 217, as well as the levying of a lawsuit and all procedural provisions relating to the subject matter of the proceedings. This does not apply to the receipt of declarations of intent and deliverable items.

§ 168. If a legal transaction requires the consent of the legal representative, the consent of the other parent or the approval of the parish court, then the child who has become a full year is only legally obliged to do so if he does not have the right to do so. it declares in writing that these obligations are to be recognised as legally effective. If the creditor asks the full-year person to declare himself after the first sentence, he shall set a reasonable time limit for it.

§ 169. (1) In the case of civil proceedings, only one parent who is responsible for the care of the child is only entitled to represent the child; as long as the parents do not agree on the other parent or the court according to § 181 this or a third party as a representative , the representative shall be the parent who shall be the first to act.

(2) The consent of the other parent and the approval of the court, as required in accordance with § 167, shall apply to the entire procedure.

Ability of the child to act

§ 170. (1) An underage child may not have any legal business or oblige, without the express or tacit consent of his legal representative.

(2) However, after having reached maturity, it may dispose of things which have been left to him at the disposal of his/her own and, through his or her own income, as far as they are, and undertake not to satisfy his/her life needs. is at risk.

(3) If an underage child has a legal business which is normally closed by minors of his age and concerns a minor matter of daily life, this legal transaction shall, even if the conditions are fulfilled, shall: of the provisions of paragraph 2, with the performance of the duties impinging on the child shall be retroactively legally effective.

§ 171. Unless otherwise specified, an oral underage child may independently undertake to provide services by contract, except in the case of services provided under a teaching or other training contract. The legal representative of the child may, for important reasons, prematurely solve the legal relationship established by the contract.

§ 172. If the child who has a right of view and judgment has his/her opinion on his/her education unsuccessfully presented to the parents, it may appeal to the court. After careful consideration of the reasons given by the parents and the child, it must take the appropriate measures for the best interests of the child.

§ 173. (1) Consent to medical treatment can only be granted to the child who is capable of taking part in the right to judgment and judgment; in doubt, the existence of this classification and judgment shall be presumed to be in the case of a minor minor. If it is lacking in the necessary classification and judgment, the consent of the person who is responsible for the legal representation in care and education is required.

(2) In the case of a child who is considered to be a minor and who is capable of being considered as a minor in a treatment which is usually associated with a serious or lasting impairment of the physical integrity or personality, the treatment may be: only if the person who is responsible for the legal representation in the care and upbringing is also approved.

(3) The consent of the child, who is capable of being considered and responsible, as well as the consent of the person entrusted with care and education, are not required if the treatment is so urgently needed that the person who has obtained the consent to obtain the consent or the consent of the consent would endanger the life of the child or would be associated with the risk of serious injury to health.

§ 174. A married underage child is equal to a full-year-old in terms of his personal relationships as long as the marriage lasts.

§ 175. In so far as a child, as a result of a noticeably delayed development, a mental illness or a mental disability, is responsible for a single or a circle of matters, whether or not he or she is responsible for judgment or judgement, or , the Court of First Instance has, on its own account or at the request of a person responsible for the whole or part of the care, to pronounce it on its own account. If it has not been revoked by the court or has been fixed for a limited period of time, this statement shall have the effect of not exceeding the child's age of majority.

Child's ability to delicate

§ 176. To the extent that an underage child cannot be credited at an earlier date (§ 1310), it will be indebted to the achievement of the maturity in accordance with the provisions of the law relating to the law of law on the law of the law.

Parental care

Section 177. (1) Both parents are responsible for the care if they are married to each other at the time of the birth of the child. The same shall apply from the date of marriage if they marry each other after the birth of the child.

(2) If the parents are not married to each other at the time of the birth of the child, the mother alone shall be responsible for the care. However, the parents may personally and with simultaneous presence, after an instruction on the legal consequences, determine once in person that they are both responsible for the care, provided that the care does not already take place in court. is regulated. The provision shall take effect as soon as both parents have personally made consistent statements in front of the registry officer. Within eight weeks of its effectiveness, the provision may be revoked without justification by a unilateral declaration by a parent to the standing official. Any earlier acts of representation remain unaffected by this.

(3) The parents may also present to the Court, including in the amendment of an existing regulation, an agreement on the use of the care, whereby the use of the parent may be agreed by either parent alone or by both parents.

(4) If both parents are responsible for the care and do not live in a domestic community, they shall determine which parent is to be the principal place of residence for the child. In addition, the parent, in whose household the child is mainly cared for, must be entrusted with the entire care, subject to § 158 (2). In the case of paragraph 3, the care of the parent, in whose household the child is not mainly cared for, may be limited to certain matters.

Care when preventing a parent

§ 178. (1) If a parent who has been entrusted with the care of the child together with the other parent has died, his stay has been unknown for at least six months, the connection with him cannot be or only with disproportionately large If difficulties are established or if the care is completely or partially removed from it, the other parent is responsible for the care alone. If, in this way, the parent who is solely responsible for the care is concerned, the court has to decide, in compliance with the child's good, whether the other parent or grandparent or grandparent (grandparent) or Care parent (nurse) is to be entrusted with the care; the latter also applies when both parents are affected. The rules on the care then apply to this grandparents ' couple (this grandparent).

(2) At the request of the parent to which the care referred to in the first sentence of paragraph 1 has been transferred, the Court of First Instance shall establish that transition.

(3) If the care is transferred to the other parent or the court confers on the care, if the transfer or transfer of the care relates to it, the assets as well as all documents relating to the person of the child shall be Submit evidence.

Care in the dissolution of marriage and the domestic community

§ 179. (1) If the marriage or the domestic community of the parents is dissolved, the care of both parents remains upright. However, they may conclude an agreement before the court that a parent is solely responsible for the care or that the care of a parent is restricted to certain matters.

(2) In the case of the care of both parents after the dissolution of the marriage or the domestic community, the latter have to conclude an agreement before the court on whose household the child is mainly cared for.

Change of care

§ 180. (1) In so far as this corresponds to the best interests of the child, the Court shall have a provisional system of parental responsibility (Phase of Provisional Parental Responsibility) to be taken if:

1.

After the dissolution of the marriage or the domestic community of the parents within a reasonable period of time an agreement according to § 179 shall not be concluded or

2.

a parent requests the transfer of the sole care to him or his involvement in the care.

The period of provisional parental responsibility is that the Court of First Instance has the primary care of a parent who has been entrusted with the care, while maintaining the previous rules of care for a period of six months. The child in his household and the other, admits such a sufficient contact law that he can also take care of the care and upbringing of the child. For this period, the details of the contact, care and education as well as the maintenance of maintenance are to be determined by agreement of the parents or on a court order.

(2) After the end of the period, the Court of First Instance, on the basis of the experience gained during the period of provisional parental responsibility, including the performance of the legal maintenance and in accordance with the welfare of the child, shall, finally, have to be decision. For the purpose of preparing the decision, the Court may also extend the phase of provisional parental responsibility. If the court entruits both parents with the care, it also has to determine in whose household the child is mainly cared for.

(3) If the care provided for in paragraph 2 is finally settled, any parent may, if the circumstances have substantially changed, apply to the court for a re-regulation of the care. The provisions of paragraphs 1 and 2 shall apply mutaly to the amendment of a regulated provision of care.

Withdrawal or restriction of care

§ 181. (1) If, by their behaviour, the parents are in danger of the welfare of the minor child, the court, by whom it is always called, shall take the necessary measures to ensure the child's benefit. In particular, the General Court may withdraw the provision of care for the child in whole or in part, including rights of consent and consent provided for by law. In individual cases, the court may also replace a legally required consent or consent if there are no justifiable reasons for the refusal.

(2) Such dispositions may be provided by a parent, such as if the parent does not reach an agreement on an important matter of the child, the other relative in the straight ascending line, the foster parents (a foster parent), the Youth welfare carriers and the minor, but only in matters of his or her care and education, are requested. Other persons may encourage such dispositions.

(3) The complete or partial withdrawal of the care and upbringing or management of the child's property includes the withdrawal of the legal representation in the respective area; the legal representation in these areas can be shall be withdrawn on its own if the parents or the parent in question fulfil their other obligations.

(4) The law requires the consent or consent of the persons responsible for care and education (legal guardians), the declaration of the person entrusted with the legal representation in this area is necessary, but also sufficient, if not deviating.

§ 182. By means of a provision in accordance with § 181, the court may limit the care only to the extent necessary for the protection of the benefit of the child.

Deletion of the care

§ 183. (1) The care for the child shall be taken up with the admission of his/her majority.

(2) The legal representative has to hand over to the child, who has become a full year old, his assets as well as all documents and proofs relating to his/her person.

Care parents

§ 184. Care parents are persons who provide the care and upbringing of the child in whole or in part and to which a relationship close to the relationship between birth parents and children is to be established or to be established. They shall have the right to make applications in the proceedings relating to the person of the child.

§ 185. (1) The court has to transfer, in whole or in part, the care for the child to a foster parent (nurse) on his application if the care is not only intended for a short period of time and the transfer is the best of the child . The rules governing the care will then apply to this pair of foster parents (this caring parent).

(2) If the parents or grandparents are entrusted with the care and do not agree to the transfer, they may only be provided if without them the best interests of the child would be compromised.

(3) The transfer shall be repealed if it is in accordance with the best interests of the child. At the same time, the Court of First Instance, having regard to the good of the child, has to say to whom the care is transferred.

(4) The Court of First Instance, prior to its decision, has to hear the parents, the legal representative, other legal guardians, the youth welfare carrier and, in any case, the child already 10 years old. Section 196 (2) shall apply mutatily.

Fifth Section

Other rights and obligations

Personal contacts

§ 186. Each parent of an underage child has to maintain a personal relationship with the child, including personal contacts (§ 187).

§ 187. (1) The child and each parent shall have the right to regular personal contacts and to the needs of the child. The personal contacts are intended to regulate the child and the parents by mutual agreement. To the extent that such agreement is not reached, the Court of First Instance shall, at the request of the child or of a parent, regulate such contacts in a manner appropriate to the best interests of the child and to lay down the obligations. The scheme has to ensure the initiation and maintenance of the special close-up relationship between parents and children and is intended to cover as much as possible both leisure time and the care in the child's everyday life. The age, the needs and wishes of the child as well as the intensity of the previous relationship must be taken into account.

(2) The Court of First Instance shall, if necessary, restrict or prohibit personal contacts, in particular where this appears to be due to the use of force against the child or to an important reference person or the parent who is responsible for the underage child is not living in the common household, his obligation under § 159 not fulfilled.

§ 188. (1) Section 187 shall apply between grandchildren and their grandparents. However, the personal contacts of the grandparents are also to be restricted or to be undersigned as otherwise the family life of the parents (of a parent) or their relationship with the child would be disturbed.

(2) If personal contacts of the minor child with a third party are intended to serve the best interests of the child, the court has, at the request of the child, a parent or the third party, provided that he/she is to the child in a special personal or familial relationship or being able to make the provisions necessary to regulate the personal contacts. Such dispositions have to be made at the request of the youth welfare service provider or on its own account, if otherwise the child's welfare would be at risk.

Right of information, representation and representation

§ 189. (1) A parent who is not responsible for the care

1.

shall be notified in good time by the person responsible for the custody of important matters, in particular the measures envisaged in accordance with section 167 (2) and (3), and shall be able to express his views within a reasonable period of time,

2.

Has the parent responsible for the care to be represented in matters of daily life, and to care for and educate the child, in so far as the circumstances so require and the child is legally resident with him.

A statement after Z 1 shall be taken into account in any case if the wish expressed therein corresponds better to the best interests of the child.

(2) If the parent who is not responsible for the custody of the child in the exercise of his/her rights and obligations as referred to in paragraph 1 is at risk of the child's well-being, or if these rights are legally abusive or unreasonable for the other parent or child. The Court of First Instance, on request, if the best interests of the child is at risk, shall also be entitled to restrict or withdraw those rights from its own motion. The rights referred to in paragraph 1 are deleted if the parent who is not responsible for the custody refuses to give the child the right to personal contacts.

(3) In spite of the willingness of the parent who is not responsible for the care, personal contacts with the child are not regularly held, he is entitled to the right to understand and to understand the law (paragraph 1). 1) also in minor matters, provided that it is not merely a matter of daily life.

(4) If the parent in charge of the care violates the rights of the other under para. 1, the court, upon request, if the best interests of the child is at risk, shall also, on its own account, take the appropriate provisions.

(5) This provision shall also apply to a parent who is responsible for the care.

Agreements on the provision of care, personal contacts and maintenance

§ 190. (1) In the case of agreements on the care, personal contacts and care of the child, parents have the best interests to preserve the child's best interests.

(2) The provision of the care (Section 177 (2)) and agreements concluded before the court in accordance with paragraph 1 do not require any judicial authorisation for their legal validity. However, the court has to declare the determination of the care and arrangements of the parents to be ineffective and, at the same time, to make an arrangement that deviates from that, if otherwise the child's well-being would be endangered.

(3) Agreements concerning the amount of statutory maintenance services concluded in court shall not be subject to judicial authorisation for their legal validity and shall be binding on the maintenance obligation.

Sixth Section

Adoption of Kindesinstead

§ 191. (1) Persons entitled to self-interest may take place on Kindesinstead. Due to the adoption of Kindesinstead, the electorate will be founded.

(2) The acceptance of an electoral child by more than one person, be it at the same time, be it as long as the electorate exists, one after the other, shall only be permissible if the receiving children are married to each other. Spouses may generally accept only jointly. Exceptions may be allowed if the birth child of the other spouse is to be accepted if a spouse cannot accept the spouse, because he/she does not fulfil the legal requirements with regard to his or her own right or age, if his/her spouse does not fulfil his/her own right of residence. A stay for at least one year is unknown if the spouses have given up the marijun community for at least three years or if similar and particularly important reasons justify the adoption by only one of the spouses.

(3) Persons who are entrusted with the care of the assets of the voting child to be adopted by a court order cannot accept it as long as they are not exempted from this duty. They must be taken into account beforehand and must have demonstrated the preservation of the assets entrusted to them.

Form; entry of effectiveness

§ 192. (1) The acceptance of the child shall be effected by means of a written contract between the receiving and the electoral child and by judicial authorization at the request of a contractual part. In the event of its authorization, it shall take effect at the time of the agreement of the contract. If the receiving person dies after that date, the authorization shall not prevent this from being granted.

(2) The non-self-entitled Election Child does not include the contract by its legal representative, this requires no judicial authorisation. If the legal representative refuses his consent, the court must replace it at the request of the accepting or the electoral child, if there are no justified reasons for the refusal.

Age

§ 193. (1) Election parents must have completed the twenty-fifth year of their life.

(2) Election Father and Election Mother must be at least sixteen years older than the Election Child.

Approval

§ 194. (1) The acceptance of a non-authorized child shall be approved if it serves its well-being and a relationship corresponding to the relationship between biological parents and children exists or is to be established. If the electoral child is entitled to vote, the acceptance shall only be accepted if the applicants demonstrate that there is already a close relationship between the parents and the children, in particular when the child is an election child, and For five years, they have either lived in a domestic community or have contributed to each other in a comparably close community.

(2) The authorization shall be refused, except in the absence of the conditions laid down in paragraph 1, where there is an overriding concern of a physical child of the accepting person, in particular the maintenance or upbringing of which would be at risk; not to be aware of economic concerns, unless the accepting person is acting in the exclusive or overriding intention of damaging a child.

§ 195. (1) The authorisation may only be granted if the following persons agree to the acceptance:

1.

the parents of the under-age elective child;

2.

the spouse or the registered partner of the accepting person;

3.

the spouse or registered partner of the electoral child;

4.

the electoral child from completion of the 14. Life Year.

(2) The right of consent in accordance with paragraph 1 shall not apply if the person entitled to consent has concluded the acceptance contract as the legal representative of the ballot child, if it is not only temporarily incapable of being able to communicate, or if the person who is responsible for the acceptance of the contract is not only temporarily unable to A stay of one of the persons referred to in paragraph 1 (1) (1) to (3) has been unknown for at least six

(3) The court has to replace the refusal of consent of one of the persons referred to in paragraph 1 (1) (1) (1) to (3) at the request of a part of the contract, if there are no justified reasons for the refusal.

§ 196. (1) A right to be heard shall be:

1.

the non-self-entitled voting child from the age of the fifth year of age, except it has been living with the accepting person since that date;

2.

the parents of the full-year elective child;

3.

the foster parents or the head of the home in which the child is in an election;

4.

the youth welfare carrier.

(2) The right of hearing of a person referred to in paragraph 1 shall not be heard if he or she has concluded the acceptance contract as the legal representative of the ballot person; furthermore, if he or she could not be heard or can only be heard with disproportionate difficulties.

Effects

§ 197. (1) Between the receiving and his offspring on the one hand and the child of the election on the other hand and at the time of the effective acquisition of the acceptance of underage offspring on the other hand, the same rights as are created by the descent are created with this date. shall be justified.

(2) If the electoral child is accepted by spouses as elective parents, the family-law relationships between the biological parents and their parents, which are not merely established in the relationship of themselves (§ 40), shall be extinguishable by the exceptions specified in § 198. Relatives, on the one hand, and the child, and, on the other hand, at the time when the adoption of minor offspring is effective, at this point in time. If the election child is accepted only by an elective father (a mother of the elective), such relations shall only be erasable with regard to the biological father (the birth mother) and his/her relatives; in so far as this is the case, , if the parent in question has consented to the deletion of the parent, the court shall have the right to cancel the deletion of the parent; the erasure shall have effect from the date of the submission of the declaration of consent, but at the earliest from the date of the submission of the consent. The date on which the adoption becomes effective.

§ 198. (1) The obligations of the biological parents and their relatives, which are based on family law, for the performance of the maintenance and equipment of the child and his/her child's offspring at the time of the date of the adoption of the child. upright.

(2) The same shall apply to the child's obligation to provide information to the physical parents, provided that they do not grossly neglect their maintenance obligations to the child, which has not yet been fourteen years old, before its adoption on the child's place of death.

(3) However, the obligations maintained in accordance with the provisions of paragraphs 1 and 2 shall be subject to the same obligations in the range established by the acceptance.

§ 199. (1) The rights established in the law of succession between the biological parents and their relatives on the one hand and the child on the other hand and the latter at the time of the date of the adoption of the minor offspring remain upright.

(2) In the case of the legal succession in the property of the elective child in the second line, the electors and their descendants on the one hand present the birth parents and their offspring on the other; is the electoral child only by an election father (a If the mother (the mother) or his offspring (the father) or her offspring (his/her offspring) are present, the estate of the parent (s) shall fall to the tribe of the parent (s). Election maternal (the mother of the Election) and the mother of the birth (father).

Revocation and repeal

§ 200. (1) The judicial authorisation shall be revoked by the court with retroactive effect:

1.

on its own initiative or at the request of a part of the contract, if the accepting contract has not been self-sufficient in the conclusion of the acceptance contract, unless he has given notice of his own right to recognise that he is the electorate of the electorate to continue;

2.

on the basis of or at the request of a part of the contract, if a non-self-authorised person has himself concluded the acceptance contract, unless the legal representative or after obtaining his/her own authorization has subsequently agreed to the election child the court or tribunal shall replace the refusal of subsequent consent of the legal representative within the meaning of Section 192 (2);

3.

on its own account or at the request of a part of the contract, if the child has been accepted by more than one person, unless the persons receiving the contract have been married to each other at the time of the authorization;

4.

on the basis of or at the request of a part of the contract, if the acceptance contract has been concluded exclusively or primarily with the intention of allowing the electoral child to be guided by the family name of the electoral father or of the electoral mother, or the creation of an external identity of an electorate to cover illegal gender relations;

5.

at the request of a part of the contract, if the acceptance contract has not been concluded in writing and has not expired more than five years since the entry of the legal force of the authorization decision.

(2) If one of the parts of the contract has the right of revocation (par. 1 to 3 and 5) if the acceptance contract is not known, in its relationship with the other part of the contract, the revocation shall be deemed to be repeal (§ 201), insofar as it claims this.

(3) A third party who has acquired rights in the confidence of the validity of the acceptance of the child before the revocation cannot be turned into the revocation of the authorization. A third party may not claim the effects of the revocation to the detriment of one of the parts of the contract, which has not known the reason for revocation when the acceptance contract is closed.

§ 201. (1) Electoral kinship shall be lifted by the Court of First Instance:

1.

if the declaration of a part of the contract or of a person entitled to consent has been caused by cunning or unfair and established fear and the person concerned repeals the cancellation within the year after the discovery of the deception or omission of the compulsory situation Request;

2.

because of its own motion, if the maintenance of the electorate would seriously jeopardise the well-being of the non-self-entitled electorate;

3.

at the request of the electoral child, if the annulment after the dissolution or annulment of the marriage of the electors or after the death of the electoral father (the electoral mother) serves the benefit of the electoral child, and not a justified concern of the (the) of the repeal, if it is also contrary to the late election vaters (Election Mother), who have already died;

4.

if the electoral father (the election mother) and the self-entitled elective child apply for the repeal.

(2) If the electorate is an elector and an elector, the repeal within the meaning of paragraph 1 may only be granted to both parties; the annulment of one of them alone shall only be granted in the event of dissolution or Annulment of their marriage admissible.

§ 202. (1) With the entry of the legal force of the repeal decision, which are justified by the acceptance between the electoral father (of the election mother) and his/her offspring on the one hand and the electoral child and his offspring on the other hand, shall be terminated. Legal relations.

(2) With this date, the family-legal relationships between the biological parents and their relatives on the one hand and the electoral child and their descendants on the other hand, as far as they are in accordance with § 197, shall again be on the life of the child.

(3) With the date referred to in paragraph 1, the name effects of the acceptance shall be considered as if they had not occurred in respect of the electoral child and his minor offspring.

§ 203. A revocation or a waiver from other than the reasons cited in § § 200 and 201 is inadmissible; likewise, a contractual agreement or a legal dispute over the dispute over the acceptance of the acceptance contract. "

§ 187 receives the title of paragraph "§ 204." and it reads with the headings:

" Fourth Main Piece

From the care of another person

§ 204. In so far as neither parents nor grandparents or foster parents can be entrusted with the care or be entrusted with the care of the third main piece and no case of § 207 is available, the court, having regard to the child's benefit, has a different appropriate person to mourn for the care. "

6. § 188 receives the title of paragraph "§ 205." ; the reference "§ 145c" is indicated by the reference "§ 166" replaced.

7. § 189 obtains the title of paragraph "§ 206." .

8. § 211 receives the paragraph "§ 207." .

9. § 212 receives the title of paragraph "§ 208."; the reference "§ 154a" is replaced by the reference "§ 169".

§ 213 shall receive the title of paragraph "§ 209." .

11. § 214 receives the title of paragraph "§ 210." ; the reference "§ § 216, 234, 265, 266 and 267" is indicated by the reference "§ 213, 224, 228, 229 and 230" and the reference "§ 230e" by reference "§ 220" replaced.

12. § 215 receives the title of paragraph "§ 211." ; the reference "§ 212 (4)" is indicated by the reference "§ 208 (4)" replaced.

13. § 215a receives the paragraph "§ 212."

14. § 216 obtains the title of paragraph "§ 213." ; the reference "§ 154 (2)" is indicated by the reference "§ 167 (2)" replaced.

15. § 229 obtains the title of paragraph "§ 214." ; the reference "§ 154 (3) and (4)" is indicated by the reference "§ 167 (3) and § 168" replaced.

16. § 230 receives the title of paragraph "§ 215." .

17. § 230a receives the paragraph "§ 216."; the reference "(§ 230b)" is indicated by the reference "(§ 217)" and the reference "(§ 230c)" by reference "(§ 218)" replaced.

18. § 230b receives the paragraph "§ 217." .

19. § 230c gets the paragraph designation "§ 218." ; in paragraph 2, the last sentence shall be repealed.

20. § 230d receives the paragraph "§ 219." .

21. § 230e receives the paragraph designation "§ 220." and reads:

" § 220. (1) Any other application of the assets of an underage child shall be permissible if, in accordance with the conditions of the individual case, it complies with the principles of safe and economic asset management. The occurrence of a greater damage caused by the realization of cracks is to be counteracted by their scattering.

(2) In the case of securities and receivings which are not mentioned in § § 216 to 218, it must be ensured that they are continuously managed in a knowledgeable way for their safety and economic efficiency and that a sale, if it is provided by the market development should be carried out without delay; the liability of the liquidator against the minor child must be secured. In the case of deposits which require a regular deposit, it is necessary to ensure that they can be made from the assets of the minor child.

(3) In the case of real estate which is not mentioned in § 219, the purchase must be made to the minor child with a relationship to the current or future professional practice or otherwise to the clear advantage; the purchase price must not exceed the value of the traffic. "

22. § 221 reads:

" Section 221. The legal representative shall not be required for any consideration of the assets of an underage child if the application is part of the ordinary economic operation. "

23. § § 231 to 232 are given the paragraph "§ 222." to "§ 223." .

24. § 234 receives the title of paragraph "§ 224." .

25. § 250 receives the paragraph "§ 225." ; the references "§ 211" shall be replaced by the references "§ 207" replaced.

26. § 253 obtains the title of paragraph "§ 226." ; the reference "§ 145b" is indicated by the reference "§ 159" and the reference "§ 188 (2)" by reference "§ 205 (2)" replaced.

27. § 264 obtains the title of paragraph "§ 227." ; the reference "§ 187" is indicated by the reference "§ 204" replaced.

28. § 265 receives the title of paragraph "§ 228." ; the reference "§ 264" is indicated by the reference "§ 227" replaced.

29. § 266 shall receive the title of paragraph "§ 229." ; the reference "§ 187" is indicated by the reference "§ 204" replaced.

30. § 267 receives the title of paragraph "§ 230." ; the reference "§ 264" is indicated by the reference "§ 227" replaced.

31. In accordance with § 230 the following fifth main piece shall be inserted:

" Fifth Main Piece

Child support

§ 231. (1) Parents shall be able to contribute, in accordance with their strengths, in proportion to the needs of the child appropriate to their circumstances, taking into account their facilities, abilities, inclinations and development opportunities.

(2) The parent who takes care of the household in which he takes care of the child makes his contribution. In addition, he has to contribute to the maintenance of the child, to the extent that the other parent is not in a position to fully cover the needs of the child or would have to do more than would be appropriate for his or her own living conditions.

(3) The right to maintenance is diminished in so far as the child has its own income or is self-sustainable taking into account its living conditions.

(4) Agreements whereby one parent is bound by the other to have sole or predominant access to the maintenance of the child and to hold the other in a shady and non-clueless way in the event of the use of the child; shall be ineffective unless they are concluded in the context of a comprehensive settlement of the consequences of divorce in court.

§ 232. In so far as the parents are unable to perform their work in order to perform the maintenance, the grandparents owe it to the child's needs according to the parents ' living conditions. In addition, § 231 applies accordingly; however, the maintenance claim of a grandson is also diminished in so far as it is reasonable for him to use the tribe of his own assets. In addition, a large parent has to pay only in so far as it does not endanger the proper maintenance of the grandparent in the light of his other assorted caring duties.

§ 233. The guilt of a parent to support the child goes up to the value of the abandonship to his heirs. In the claim of the child, everything is to be calculated, which the child receives according to the testator by a contractual or final grant, as a legal inheritance, as a compulsory part or by a public service or private-law performance. If the value of the abandonance does not suffice to secure the child to the maintenance due to the expected entry of the self-preservation capacity, the child's claim shall be reduced accordingly.

Section 234. (1) The child owes to his parents and grandparents, taking into account his living conditions, the maintenance, insofar as the dependant is unable to obtain himself, and insofar as he/she is responsible for the maintenance of his/her subsisting has not been grossly neglected.

(2) The child's maintenance obligation shall be that of a spouse, of a former spouse, of ancestors and of descendants, of the person entitled to maintenance in the rank of the person. A number of children have to do their utmost to support them in their efforts.

(3) The maintenance entitlement of a parent or grandparent is diminished in so far as it is reasonable to presume the use of the tribe's own property. In addition, a child has to pay only in so far as it does not endanger the proper maintenance of the child in the light of his or her other sorduties.

Claims related to birth

Section 235. (1) The father is obliged to replace the mother with the costs of the birth and the costs of her maintenance for the first eight weeks after the birth and, if further expenses are required as a result of the delivery, also to replace the same.

(2) The claim shall be statute-barred at the end of three years after the period of release. "

32. The fifth main part of the first part before section 268 shall be named "Sixth main piece" .

33. In § 271 (2), the reference "§ 140 and § 148" by reference "§ § 187, 188 and 231" and the reference "§ 266 (1) and (2) or § 267" by reference "§ 229 (1) and (2) or § 230" replaced.

34. In § 275, paragraph 3, the reference "§ § 229 to 234" by reference "§ § 214 to 224" replaced.

35. In § 278 the reference "§ 145 (3)" by reference "§ 178 (3)" , the reference "§ 172 (2)" by reference "§ 183 (2)" and in the last sentence, the word "are" by "is" replaced.

36. In § 284c (2), the reference "§ 154a" by reference "§ 169" replaced.

37. In § 310, the reference "§ 151 (3)" by reference "§ 170 (3)" replaced.

37a. In Section 773a (3), the phrase "personal traffic" through the phrase "personal contacts" replaced.

38. In § 865 the reference is made "§ 151 (3)" by reference "§ 170 (3)" replaced.

39. In § 1034 the reference "§ § 211, 212 and 215 para. 1 last sentence" by reference "§ § 207, 208 and 211 (1) last sentence" replaced.

40. According to § 1502 the following provision shall be added together with the headings:

" Fifth Main Piece

Entry into force and transitional provisions from 1 February 2013

§ 1503. For the entry into force of the childhood and naming rights amending act 2013, BGBl. I 15/2013, shall:

1.

The childhood and naming rights amending act 2013 will enter into force with 1 February 2013, unless otherwise specified below.

2.

§ § 93 to 93c in the version of this Federal Act are applicable to spouses who close the marriage after 31 March 2013.

3.

§ § 148 (3) and (152) in the version of this Federal Act are to be applied in accordance with the consents declared to the court.

4.

§ § 155 to 157 in the version of this Federal Act are to be applied to children whose birth or acceptance at Kindesstatt will be assessed after 31 March 2013. § 139 in the version of the NamRÄG 1995, BGBl. No 25/1995, shall apply to children whose birth is assessed before 1 April 2013.

5.

Spouses who have closed the marriage before 1 April 2013 can determine their names from 1 September 2013 according to the rules of this federal law. Similarly, for children whose birth or acceptance at Kindesinstead before this date has been assessed, the names can be determined from 1 September 2013 according to the rules of this federal law.

6.

Without prejudice to Z 6, § § 93 (2) and 155 (2) are to be applied in the version of this Federal Act, if the change in the family name of the spouse or of the parents or of a parent is assessed after 31 March 2013.

7.

Rights and obligations for the use of a name acquired or created on the basis of an event of significant importance before 1 April 2013 shall remain unaffected.

8.

§ 142, together with the title in the version of this Federal Act, is to apply, in addition to legal proceedings pending before the day following the proclamation, to the information which has been declared before the entry into force of Section 142. § 142 enters into force with the day following the proclamation of this Federal Law in the Federal Law Gazans.

9.

Regulations for the implementation of this federal law may be issued from the day following the presentation in the Federal Law Gazans; they will enter into force at the earliest with 1 February 2013. "

Article 2

Amendment of the Non-Strike Act

The Extrastreit Act, BGBl. I n ° 111/2003, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. The text of the previous § 89 receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) Within the scope of the Hague Convention on the Protection of Children and Cooperation in the Field of International Adoption, BGBl. III. No 145/1999, the decision must also include a certificate that the adoption has been adopted in accordance with the provisions of this Convention, in particular when and by whom the provisions of the Central Authorities for the continuation of the For this purpose, the Court of First Instance has to seek an expression of the competent authority of the State Government. "

2. The 3. Section II. The main piece is omitted.

2a. The 3. Section II. The main item (§ 92 including headlines) is repealed.

3. In § 95, the following paragraph 1a is inserted after the first paragraph of paragraph 1:

" (1a) Before the conclusion or presentation of a settlement of the consequences of divorce in court, the parties have to certify that they are concerned about the specific needs of their minor children, resulting from divorce, with a suitable person or have set up facilities. "

3a. In § 101 (1) the word shall be deleted "full year old".

4. The title of the seventh section is:

" Seventh section

Regulation of the care and personal contacts "

5. In § 104 (1) and § 104a (1) the word order shall be "the right to personal traffic" through the phrase "the personal contacts" replaced.

6. In § 105 (1), the word order shall be "the right to personal traffic" through the phrase "the personal contacts" replaced and after the word "Youth Welfare Carrier" the twist ", the family court aid" inserted.

7. In § 106 the phrase "the right to personal traffic" through the phrase "the personal contacts" replaced and the phrase "and prior to the approval of agreements on these matters" repealed.

8. According to § 106 the following § § 106a to 106c with headline are inserted:

" Family Court Aid

§ 106a. (1) The Family Court Aid shall assist the Court of First Instance on its behalf in the collection of the bases for decision-making, the initiation of an amicable settlement and the information of the parties in proceedings concerning the provision of care or personal contacts.

(2) The Family Court Aid is entitled to charge and interview persons who could provide information on the living conditions of an underage child, as well as to establish direct contact with the child. Persons in whose care the child stands are obligated to tolerate such contact. The court may order appropriate coercive means in accordance with § 79 (2) against persons who violate their obligation to participate in surveys of the Family Court Aid. § 20 para. 1 first sentence is not to be applied to surveys of the family court aid.

(3) The security authorities, public prosecutors, courts and institutions for the information, care and treatment of minors shall provide the necessary information to those working in the case of the Family Court; and To grant access to the records and records; the Youth Welfare Carrier only meets the obligation to provide information. The persons employed by the family court aid, except where they have to make an official notice, are to be kept secret in the interests of a person concerned in relation to the secrecy relating to the exercise of their duties. Perceptions are committed.

(4) The persons working with the family court aid shall report to the court in writing or in the oral proceedings. The rejection of a person working in the case of a family court aid shall be subject to the provisions relating to the refusal of an expert.

§ 106b. In proceedings for the regulation or compulsory enforcement of the right to personal contacts, the court may use the family court aid as visiting investigator. As such, it has to communicate with the parents about the concrete exercise of personal contacts and in the event of conflicts between them. It has the right to be present in the preparation of personal contacts with the parent who does not live with the child in the common household, when the child is handed over to it and when the child is returned by the child. It shall report to the Court of First Instance in writing or in the oral proceedings at the request of the Court of First Instance on the conduct of the personal contacts.

§ 106c. (1) The Federal Minister for Justice is authorized to order, in accordance with the budgetary, organisational, technical and human resources, as well as the economic viability with a regulation, for which: District courts a family court aid is set up. To the extent that it is possible and necessary, the family court aid in the courthouse is to provide the necessary premises and telecommunication facilities free of charge.

(2) For those district courts in Vienna, for which no family court aid is established, the Vienna Youth Court (Jugendgerichtshilfe) acts as a family court aid (Section 49 (1) of the Youth Court Act 1988).

(3) In the performance of their duties, the persons working in the family court aid shall be equal to the officials within the meaning of Section 74 (1) (4) of the StGB (German Criminal Code). They are to be provided with a federal service certificate. "

9. § 107, whose previous heading remains unchanged, reads:

" § 107. (1) In the proceedings concerning the provision of care or personal contacts

1.

the parties can only be represented by a lawyer;

2.

, the parties shall, upon request, issue a copy of the decision without justification or a document in which the extent of the clearance is circumscribed with the care;

3.

Contested decisions may also be amended in favour of the counterparty if this requires the interest of the minor concerned;

4.

does not take place in a process of amendment.

(2) The Court of First Instance shall also provisionally grant the care and exercise of the right to personal contacts in accordance with the child's welfare, in particular in order to maintain reliable contacts and establish legal clarity. . This may be necessary especially after the dissolution of the marriage or the home community of the parents (§ 180 paragraph 1 Z 1 ABGB). This decision shall be provisional and enforceable, unless the Court of First Instance preclude it. In addition, § 44 shall apply mutatily.

(3) The Court of First Instance shall order the measures necessary to safeguard the best interests of the child, insofar as this does not endanger the interests of a party whose protection serves the proceedings, or which unreasonably impairs the interests of the other parties. Such measures shall, in particular, be considered:

1.

the mandatory visit of a family, parent or educational counselor;

2.

participation in an initial interview on mediation or through a mediation process;

3.

participation in a consultation or training on dealing with violence and aggression;

4.

the ban on leaving with the child and

5.

the acceptance of travel documents of the child.

(4) The Court of First Instance may, in order to implement measures pursuant to paragraph 3 which may have an influence on the progress of the proceedings, hold proceedings, including, where necessary, on a number of occasions. In addition, § 29 applies accordingly.

(5) A cost replacement shall not be carried out in procedures relating to the provision of care and personal contacts. "

10. According to § 107, the following § 107a with headline is inserted:

" Special decisions on measures taken by the Youth Welfare Authority

§ 107a. (1) In proceedings concerning a request by the youth welfare carrier pursuant to section 211 (1) second sentence of the German Civil Code (ABGB), the court, at the request of the child or the person in whose care has been intervened, immediately, in the course of four weeks, has to say whether: the action taken by the Youth Welfare Authority is inadmissible or provisionally admissible. Such a request shall be made within four weeks of the date of the start of the action. If the Court of First Instance declares that the measure is inadmissible, that decision shall become binding and enforceable, provided that the court does not exclude it; in addition, Article 44 shall apply mutaficily. The deadline for the recourse to dispel the inadmissible clarification of the measure shall be three days. An appeal is not admissible against the provisional admissible declaration.

(2) If the Youth Welfare Carrier has terminated the measure, the court, at the request of the child or the person in whose care it was intervened, shall state whether the measure was inadmissible. Such a request shall be made within three months of the end of the measure. "

11. § 108 with headline reads:

" Special decisions in the proceedings concerning the right to personal contacts

§ 108. If a minor, who has already completed the fourteenth year of life, expressly disclaims the exercise of personal contacts and shall remain an information on the legal situation and on the fact that the initiation or maintenance of the contact with the two parents, in principle, correspond to his or her good, and the attempt to reach an amicable agreement is unsuccessful, the application for personal contact is to be dismissed without further examination of the content and from the continuation of the enforcement to be seen. "

12. In § 109, the phrase in the title shall be: "Right to personal traffic" through the phrase "personal contacts" replaced, the previous scheme has been replaced by the sales designation "(1)" preceded by the word sequence "the right to personal traffic" through the phrase "the personal contacts" , the second sentence is repealed and the following paragraphs are added:

" (2) The court which has recorded the minutes shall send a copy of the minutes of an agreement in accordance with paragraph 1 to the court responsible for the decision on the care or on the personal contacts.

(3) The civil service officer shall inform the court responsible for the decision on the provision of care in writing about a provision of the care (Section 177 (2) of the German Civil Code) after the parents ' statements. "

13. § 110 (1) and (2) shall be accompanied by the title:

" Enforcement of rules of custody or of the right to personal contacts

§ 110. (1) Forced enforcement of a provision of care or of the right to personal contacts shall be carried out only if:

1.

a court decision is available;

2.

an agreement has been concluded in court or

3.

the care has been determined in front of the registry officer.

(2) Enforcement in accordance with the rules of the executive order shall be excluded. The Court of First Instance shall, on request or on its own account, order appropriate coercive means in accordance with Section 79 (2). Rules relating to personal contacts must also be enforced against the will of the parent who does not live with the minor in the common household. Rules concerning the provision of care may also be carried out by the Court of First Instance by application of appropriate direct compulsion. "

14. In § § 111, 112 and 115, the word order shall be "personal traffic" through the phrase "personal contacts" replaced.

15. The text of the previous § 132 receives the sales designation "(1)" ; the following paragraph 2 is added:

"(2) In order to assess the safety and economic viability of the application of Mündelgeld, the court has to join an expert."

16. In § 140 (1), after the word "Youth Welfare Carrier" A dash and the twist "Family Court Aid" inserted.

17. According to § 207h, the following § 207i with headline is inserted:

" Entry into force and transitional provision to the Federal Act BGBl. I No 15/2013

§ 207i. (1) § § 89, 106a, 106b and 106c in the version of the childhood and naming rights amending act 2013, BGBl. I n ° 15/2013, shall enter into force with the day following the presentation of this Federal Act in the Federal Law Gazans.

(2) The repeal of the 3. Section II. The main item is 1. Jänner 2016 in force.

(3) § § 95, 101, 104, 104a, 105, 106, 107, 107a, 107b, 108, 109, 110, 111, 112, 115, 132 and 140 in the version of the childhood and naming rights amending act 2013, BGBl. I N ° 15/2013, enter into force on 1 February 2013. § § 101 and 107 (1) (1) (1) (1), as amended by this Federal Act, shall apply to proceedings in which the procedural motion for a decision after the 31. Jänner was attached to court in 2013. Section 107a (2) in the version of this Federal Act is to be applied if the measure of the youth welfare service provider is in accordance with the 31. Jänner 2013 was finished. "

Article 3

Amendment of the marriage law

The marriage law, dRGBl. 1938 p. 807, as last amended by the Federal Act BGBl. I n ° 135/2009, shall be amended as follows:

1. § 55a (2) reads:

" (2) The marriage may only be divorced if the spouses have a written agreement on the care of their children or the care, the exercise of the right to personal contacts and the maintenance obligations with regard to their common children as well as their maintenance relationships and legal assets in relation to each other in the case of divorce in court. "

Article 4

Amendment of the Judicial Supervision Agency-Law

The Justice Support Agent Act, BGBl. I n ° 101/2008, as last amended by the Federal Law BGBl. I n ° 137/2009, shall be amended as follows:

1. § 2 para. 5 second sentence reads:

" The Office of Justice Services is also entitled to contract with persons who are suitable, in particular after their occupation, their professional experience in dealing with children and young people and their training for this activity, of children's countriesand other experts in support of the courts in family law matters; likewise, it may conclude contracts for the provision of interpreters (§ 75 para. 4 ASGG, § 126 para. 2a StPO).

2. In § 24, paragraph 1, the turn is made in the second sentence "pursuant to § 2 (1)" through the turn "pursuant to § 2" replaced.

3. The following paragraph 3 is added to § 30:

" (3) § 2 para. 5 as well as § 24 paragraph 1 in the version of the childhood and naming rights amending act 2013, BGBl. I n ° 15/2013, shall enter into force with the day following the proclamation of this Federal Law in the Federal Law Gazan. "

Article 5

Amendment of the Law on the Rights of the Law

The law-making law, BGBl. No. 560/1985, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 19 para. 2 Z 2 reads:

" 2.

Procedures for the regulation and withdrawal of individual or all of the strictly personal rights and obligations arising from family law relations, in particular through the provision of care and personal contacts, as well as procedures for the replacement of Consent and consents. "

(2) The following paragraph 8 is added to § 45:

" (8) § 19 para. 2 Z 2 in the version of the childhood and naming rights amending act 2013, BGBl. I N ° 15/2013, will enter into force on 1 February 2013.

Article 6

Amendment of the Court Fees Act

The court fee law, BGBl. No. 501/1984, as last amended by the Federal Law BGBl. I n ° 64/2012 and the BGBl demonstration. I No 88/2012, shall be amended as follows:

1. In § 2 Z 1

(a) in the lit. h the turn " Tarifpost 12 lit. a to c, f, g and i " through the turn " Tarifpost 12 lit. a to c, f, g and j " replaced;

(b) in the lit. The following phrase is added:

" for that in the tariff post 12 lit. i Z 1 led procedure with the application of the family court aid, for which 12 lit in the collective bargaining agreement. i Z 2 further proceedings after the expiry of three months from the appointment of the family court aid or respectively after the expiry of the further three months; "

2. In § 28

a) the previous Z 10 is given the name "11." and

(b) the following Z 10 shall be inserted after Z 9:

" 10.

in the case of the appointment of the Family Court Aid pursuant to Section 106b of the External StrG, each party; however, the minor shall not be subject to a fee obligation; "

3. In Note 8 to the tariff post 7, the parenthesis shall be: "(§ § 266, 276 ABGB)" by the parenthesis expression "(§ § 229, 276)" replaced.

4. In tariff post 12

a) is lit in the lit. b Z 8 in the column Subject of the parenthesis "(§ 179 ff ABGB)" by the parenthesis expression "(§ 191 ff ABGB)" replaced;

(b) is the lit. g in the column Subject:

" (g)

Procedure on personal contacts and proceedings concerning applications pursuant to § 189 ABGB "

c) receives the previous lit. i the letter name "j)" and

(d) the following lit. i inserted:

Subject matter

Scale for the fee measurement

Level of charges

i) Procedure according to § 106b of the External StrG:

1. for the first three months after the appointment of the Family Court Aid as visiting investigator

200 Euro per party

2. for each subsequent three months of the proceedings, until the end of the activity of the visiting agent to the parties

another 200 Euro per party

(e) Notes 6 to 10:

" 6. The fee is 12 lit according to the rate. g is to be paid for a request for personal contact arrangements. If the application relates to a number of children, a surplus amount shall be paid in the appropriate application of § 19a. The fee is also to be paid for a request for amendment of an existing scheme and for a request for enforcement.

7. The fee according to the fare post 12 lit. g is not to be paid for an application for the enforcement of an existing regulation of personal contacts if the applicant has already had to pay a fee for such a request in the six months prior to the application. The same applies to applications in accordance with § 190 of the German Civil Code (ABGB) if the applicant has already paid a fee for such a request in the six months prior to the application.

8. The obligation to pay the flat-rate fee in accordance with the tariff post 12 lit. h shall not be affected by the fact that the decision to order the child's assistance is challenged by an appeal. If the order for a child's assistance is cancelled due to a legal remedy or if it turns out that the activity of the family court aid has ended earlier as a visiting investigator, then the too much paid fee shall be refunded.

9. Ends the appointment of a child support or the appointment of the Family Court Aid as visiting investigator in accordance with the tariff post 12 lit. h Z 1 or lit. i Z 1 within the first two weeks after appointment or In case of an assignment, the flat rate fee is reduced to 12 lit. h or i to a quarter.

10. The lump sum fee according to the fare post 12 lit. h and i are to be paid only once in each case if a child's councilor or visiting investigator is used for several children or if several children's councilors or visiting investigators are employed in a procedure. "

5. Art. VI the following Z 52 is added:

" 52. § § 2, 28 as well as the Note 8 to the tariff post 7, the tariff post 12 lit. b Z 8, lit. g, i and j as well as the notes 6 to 10 of the tariff post 12 in the version of the Child and Naming Rights Amendment Act 2013, BGBl. I N ° 15/2013, enter into force on 1 February 2013. § 31a is based on the Law of the Child and Named Rights Act 2013, BGBl. I No 15/2013 of newly created or amended fee levels, subject to the proviso that the basis for the redetermination of these amounts will be the final index of the Federal Statistical Office, published in March 2011. Austria has been a consumer price index for 2000. "

Article 7

Amendment to the Federal Law on the Implementation of the Convention of 25. October 1980 on the civil aspects of international child abduction

The Federal Act of 9 June 1988 on the implementation of the Convention of 25. October 1980 on the civil aspects of international child abduction, BGBl. No. 513/1988, in the version of the Federal Law BGBl. I No 112/2003, shall be amended as follows:

1. § 3 reads:

" § 3. (1) If the application and the other documents to be annexed are to be provided with a translation into a foreign language with a view to Article 24 (1) of the Convention, the application for authorization of the procedural aid shall be deemed to be the case. as regards the fees of interpreters, § § 63 et seq. ZPO. After the granting of the aid, the Court of First Instance shall arrange for the necessary translations to be made.

(2) A request by the applicant party for the provision of a psychosocial process support in Austria during the proceedings on the application for the return of a child (§ 2) shall be forwarded to the institution in question. § 73b ZPO is to be applied in a reasonable way, whereby the provision of psychosocial process accompaniment during this procedure does not require any prior criminal proceedings. "

Article 8

Amendment of the Name Change Act

The Name Change Act-NÄG, BGBl. No. 195/1988, as last amended by the BGBl agreement. I No 37/2012, shall be amended as follows:

1. § 2 (1) Z 7 to 9 are:

" 7.

the applicant wishes to obtain a surname in accordance with § § 93 to 93c of the General Civil Code-ABGB, JGS No. 946/1811, after the name has already been determined (§ 93b ABGB);

7a.

the applicant wishes to obtain a surname in accordance with § § 93 to 93c ABGB;

8.

the applicant wishes to obtain a surname in accordance with § 155 ABGB (German Civil Code) after the name has already been determined (§ 157 (1) ABGB);

9.

the applicant wishes to obtain a family name corresponding to § 155 ABGB of the person who is responsible for the care or in the care of which he is located and the care ratio is not intended for a short time; "

2. In Article 2 (1), the following Z 9a shall be inserted after Z 9:

" 9a.

the applicant, who, in addition to the Austrian nationality, has a further nationality, wishes to obtain a surname which he/she has already lawfully carried out according to another staff regulations and which is the aim of the name change, according to the to have the same name in both of their home rights; "

3. In § 2 para. 2, the paragraph referring to " 1 Z 1 to 6, 9a, 10 and 11 " .

4. In § 3 (1) Z 8, the reference to the paragraph shall be: "§ 2 (1) Z 5 to 9a" .

5. § 3 para. 2 Z 1 reads:

" 1.

a change of name pursuant to section 2 (1) (1) (7) to (9a) is requested;

6. The following paragraph 5 is added to § 11:

" (5) § § 2 and 3 in the version of the Child and Name Law Amendment Act 2013, BGBl. I n ° 15/2013 will enter into force on 1 April 2013. "

Article 9

Entry into force and transitional provision

§ 1. Article 3 (marriage) and Article 7 (Federal Law of 9 June 1988 on the implementation of the Convention of 25 June 1988) October 1980 on the Civil Aspects of International Child Abduction) will enter into force on 1 February 2013.

§ 2. The Federal Minister of Justice is entrusted with the enforcement of this federal law, with the exception of Art. 8.

Fischer

Faymann