15 federal law that modifies the General civil law code, except military law, the marriage law, the justice assistance agency law, the registrars Act, the court fees Act, the Federal law on the implementation of the Convention of 25 October 1980 on the civil aspects of international child abduction and the change of name Act (minors and name Law Amendment Act 2013 - KindNamRÄG 2013)
The National Council has decided:
Change of the General Civil Code
The General Civil Code, JGS no 946/1811, as last amended by Federal Law Gazette I no. 58/2010 and the by-laws Federal Law Gazette I no. 68/2012, is amended as follows:
1 § § 93 and 93a and heading are:
The spouses lead 93. (1) the common family name some of them. In the absence of such a provision, they retained their former family names.
(2) to the common name of the family, one of their names to determine the fiance or spouse. A name consisting of several parts of separated or connected by a hyphen is used for this purpose, so the whole name or its parts can be used. You can determine a name formed from the family name of both the common family name; they may as a whole using two parts of this name.
(3) the spouse, whose family name is not common family name, can determine even before marriage, that he leads a double-barrelled name composed of the common family name and the name of his family, if not the common family name already consists of several parts; also, the spouse, whose family name consists of several parts, may use only one of these parts.
(4) a twin name can be separated by a hyphen between its different parts.
section 93a. (1) the family name of either spouse, changes to a renewed determination can be made.
(2) if the marriage is dissolved, the spouses can again assume each previously legally listed family name.
(3) a person can determine that their family name is adapted to the gender, insofar as this corresponds to the origin of the person or the tradition of the language from which the name originates. She can also determine that eliminates an of the name ending indicative on the gender."
2. after paragraph 93a, following §§ 93 b and 93 c shall be inserted:
"article 93 b." The provision or again adopting a family name according to the § § 93 and 93a is allowed only once.
§ 93c. Name legal explanations are to give the Registrar opposite in public or publicly-certified certificate. Their effects occur when they get to the Registrar."
3. before § 94, following heading shall be inserted:
"Other effects of the marriage"
4. the third major piece of the first part is including headings:
"Third main piece
Rights between parents and children
General terms and conditions
Parents and children have 137. (1) to assist each other and to meet with caution. The rights and obligations of the father and the mother are, unless other is intended to equal.
(2) parents have to promote the welfare of their minor children, to provide them with care, security and a careful education. The use of any violence and the infliction of physical or mental suffering are not permitted. As far as feasible and possible parents to perceive the custody agreement.
section 138. In all matters concerning the minor child, in particular the custody and the personal contacts is to take into account the welfare of the child (child) as a principal point of view and to ensure as best as possible. Important criteria in assessing the best interest of the child are in particular 1 one adequate care, especially with food, medical and sanitary care, and housing, as well as a careful upbringing of the child;
2. the care, security and the protection of the physical and mental integrity of the child;
3. the esteem and acceptance of the child by the parents;
4. the promotion of the plants, abilities, inclinations and possibilities for development of the child;
5. taking into account of the views of the child according to his understanding and ability to opinion-forming;
6. the prevention of adverse effects which the child could suffer through the implementation and enforcement of measures against his will;
7. the prevention of danger to the child, to suffer attacks or violence itself or to experience on major caregivers;
8. the prevention of danger to the child, to be spent unlawfully or detained or otherwise damage to come;
9 reliable contacts of the child for both parents and important caregivers, as well as secure bindings of the child to these people;
10. the prevention of conflicts of loyalty and guilt of the child;
11. the respect for the rights, claims and interests of the child as well as 12 the living conditions of the child, his parents and his other surroundings.
139. (1) third parties may intervene only to the extent in the parental rights, as this is them by the parents themselves, directly on the basis of the law or permitted by an official decree.
(2) a living with one parent and the minor child not only temporarily in the common household age person standing in a family relationship with the parents part, has to do everything reasonable in the circumstances, to protect the well-being of the child. If the circumstances so require, it represents the parent in child custody matters of daily life.
Descent of the child
a) General information
section 140. Lineage established by this code and amendments, as well as the establishment of non-paternity act towards everyone.
Capacity to act in terms of descent
141. (1) insight - and astute people can, if they are not entitled to own, in matters of descent and descent of them legally Act unless its legal representative consents to. The legal representative shall act in such a case he requires the consent of the einsichts - and competent person. In case of doubt, the existence of the insight - and judgment mature minors is suspected.
(2) the legal representative has to be guided by the comfort of the represented. His acts of representation in matters of descent need not approval of the Court.
Succession in terms of descent
§ 142. After the death of the person concerned can the establishment of paternity, amend them or the establishment of non-paternity are effected by the successors or against them.
b) descent from the mother
§ 143. mother is the woman who gave birth to the child.
(c) descent from the father
144. (1) is the child's father the man, 1 who is married to the mother at the time of the birth of the child or as husband of the mother not earlier than 300 days before the birth of the child is deceased or 2nd has recognized paternity or 3rd whose paternity is legally established.
(2) pursuant to par. 1 Z 1 multiple men father considering come, one of them father, who recently signed with the mother the marriage is so.
Acknowledgement of the father
145. (1) the paternity is recognized through personal explanation in domestic public or publicly certified certificate. The acknowledgement acts from the time of the Declaration, if the certificate or their public certified copy to the Registrar.
(2) the acknowledgement should contain a precise description of appreciative, of the mother and of the child, unless it is already born.
(3) apply consent to the acknowledgement according to paragraphs 1 and 2.
146. (1) the child or the mother, if she is einsichts - and urteilsfähig as well as in life, can against the acknowledgement of its validity in court charge opposition period of two years from knowledge.
(2) the running of the period is suspended as long as the person entitled to the contradiction is not intrinsically right or is prevented by an unforeseeable or unavoidable event to the opposition within the last year of the period.
147. (1) has already been the paternity of another man at the time of recognition, so the acknowledgement is only valid once found with General binding effect is, that the other man is not the father of the child.
(2) one at a time at which the parentage of the child of another man was set, ceded paternity acknowledgement will however be effective, if the child consents to the acknowledgement in public or publicly-certified certificate. The child is not intrinsically-entitled the acknowledgement is moreover only valid if the einsichts - and astute mother even the discerning in the mentioned form called the father. The acknowledgement acts from the time of its Declaration, provided through this Declaration as well as about the consent to the acknowledgement and, if necessary, concerning the designation of the appreciative father built documents or their public certified copies to the Registrar.
(3) the man who stood down as the father or the mother, provided that she einsichts - and urteilsfähig as well as on the life and is not referred to in paragraph 2 has the discerning father may raise opposition against the acknowledgement in court. section 146 shall apply mutatis mutandis.
(4) the consent of the minor child is the legal representative of the child youth welfare institution.
Judicial determination of paternity
148. (1) as father has the Court to find the man, from which the child derives. The application may be made by the child against the man or of this against the child.
(2) at the request of the child, he can man as father used to determine which of the mother within not more than 300 and not less than lived in 180 days before the birth or with its seeds to the mother during this period a medically assisted reproduction is carried out, unless he has to, that the child is not descended from him. Such a finding is no longer possible after the expiration of two years after the death of the husband, unless the child can prove that the evidence fails him pursuant to par. 1 reasons on pages of the man.
(3) is at the mother within a medically assisted reproduction with the semen of a third party which in period referred to in paragraph 2 has been carried out, the man is so as father to determine, agreed to this medically assisted reproduction in the form of a notarial act, unless he can prove that the child is not been conceived through this medically assisted reproduction.
(4) a third party, whose semen is used for medically assisted reproduction may not be determined as the father of the child begotten with his seed. Third party is who leaves his seed a hospital approved for medically assisted propagation with the will to be determined not as father of a child begotten with this seed.
Section 149 (1) which has legal representative to ensure that paternity is detected, except that the determination of paternity for the welfare of the child is detrimental or use makes the mother of their right not to disclose the name of the father.
(2) the youth welfare has the nut on it carefully to make, what impact it has, if paternity is not established.
Paternity determination with existing parentage
section 150. The child can also apply for finding his ancestry, when another man's paternity is already defined. In such a case, the establishment of paternity has the Court to pronounce effect, that the child is not descended from the other man.
Establishment of non-paternity of the husband of the mother
151. (1) not comes from a child that has been born during the marriage of the mother, or before the expiration of 300 days after the death of the husband of the mother of this, so the Court has to determine this on request.
(2) the application may be made by the child against the man and this against the child.
§ 152. The husband of the mother of a medically assisted reproduction with the semen of a third party has agreed to in the form of a notarial act, so not finding can be sought that the child begotten with the seeds of the third is not descended from the husband of the mother.
153. (1) an application for a determination that the child not descended from the husband of the mother, can be placed within two years from the knowledge of the circumstances for that purpose speaking. This period begins with the birth of the child, in the case of a change of origin at the earliest with the effectiveness of the change. An application is not allowed, as long as the descent of the child of another man is established.
(2) the running of the period is suspended as long as the eligible person may not own or is prevented by an unforeseeable or unavoidable event to the submission within the last year of the period.
(3) later than 30 years after the birth of the child or for a change of ethnicity, only the child may request the establishment of non-paternity.
Invalid Declaration of paternity acknowledgement
§ 154. (1) the Court has to declare 1 recognizing invalid by virtue if a) the acknowledgement or – in case of section 147 subsection 2 - the consent of the child or the designation of the recognised as father by the mother is not the procedural requirements or b) it has pressed on sides of the appreciative or - in the case of the § 147 ABS. 2 - of the child or the mother at the insight - and judgment or - if the appreciative or the child - legal representation , unless, the lack of legal representation has subsequently been corrected or the appreciative has approved recognition after reaching the own permission.
2. as a result of a conflict, unless it is proved that the child comes from the appreciative or - if the child by a medically supported reproduction with the semen of a third party has been begotten - that the appreciative; agreed to this in the form of a notarial act
3. at the request of the appreciative if he proves a) that be recognized is prompted by list, unjust and founded in fear or misconception about it, that the child descended from him or that a medically assisted procreation with his seed, or with his consent with the semen of a third party has been made to the mother or b) that the child is not descended from him, and he afterwards became aware of circumstances , who speak for the not parentage of the child.
(2) the request referred to in paragraph 1 at the latest can Z 3 until expiration two years after discovering the deception, of error or the circumstances referred or after removal of the predicament collected. The period begins with the birth of the child.
155. (1) receives the child the common family name of the parents. But also the twin name of a parent (§ 93 par. 3) to the child's family name can be determined.
(2) the parents do no common family names, so the family name of a parent can be the family name of the child. A name consisting of several parts of separated or connected by a hyphen is used for this purpose, so the whole name or its parts can be used. A twin name formed from the family name of both parents can be determined; Here, but not more than two parts of these names may be used. A twin name can be separated by a hyphen between its different parts.
(3) in the absence of such a provision, the child receives the family name of the mother, even if it is a twin of the name.
156. (1) determines that the family name of the child with the care and education entrusted person. Several people responsible for that have to make the agreement; just one but the explanation of them unless she assured that the other so agrees or the agreement cannot be reached with reasonable effort.
(2) insight - and astute people determine their family name itself. The insight - and judgement is believed consenting minors.
157. (1) the determination of a surname according to § 155 is allowed only once.
(2) changes to the family name of the parents or a parent or the parents marry each other, so the family name of the child can be again determined. The same applies for changes in the person of a parent, such as the adoption of a child or for an establishment or amendment of the parentage of the child.
(3) on the determination of the family name of the child, the sections 93a and 93 c shall apply.
Content of the custody
158. (1) who is entrusted with the custody of a minor child, has to maintain it and to educate, to manage its assets and to represent it; in this and all other matters Care and education, as well as the asset management include also the legal representation in these areas.
(2) as long as a parent is not full legal capacity, he has the right and the duty to manage the assets of the child and to represent the child.
Good behavior bid
section 159. Exercise the rights and fulfil the obligations according to this main piece is to refrain from any actions that might affect the relationship of the child to other persons to whom relevant rights and obligations according to this main piece of the child to respect for the child's welfare or the perception of their tasks made more difficult.
Care, education and determination of the residence of the child
160. (1) the care of the minor child includes particularly the perception of physical well-being and health, as well as direct supervision, education especially the development of the physical, mental, spiritual and moral forces, promoting the equipment, skills, inclinations and development opportunities of the child and its training in school and work.
(2) the extent of care and education depends on the living conditions of the parents.
(3) the parents have in matters of care and education on the will to take the child's account if not its good or their living conditions there are. The will of the child is more relevant, more to see the reason and the importance of a measure and to determine his will after this realization is able.
section 161. The minor child has to obey the orders of their parents. Parents have their orders and their enforcement on age to be taken into account development and personality of the child.
As far as the care and education require the parent, entitled has 162 (1) also have the right to determine the child's residence. The child is somewhere else, so the authorities and organs of the public security service following a request from a legitimate parent in determining of the stay, if necessary also to contribute in the recover of the child have.
(2) the parents have agreed, or the Court determines which of the parents entitled to custody to serve the child in his household, so this parent has the sole right to determine the place of residence of the child.
(3) is not set, in whose household the child mainly to be served, the place of residence of the child only with consent of both parents or approval of the Court in the foreign country must be routed. The Court has both the well-being of the child and the rights of parents on protection against violence, to take into account freedom of movement and freedom of occupation in the decision approving note.
§ 163. A minor child nor parents can consent to a medical measure, which has a lasting reproduction inability of the minor child to the target.
164. (1) the parents have to manage the assets of a minor child with the care of a parent. If the welfare of the child does not otherwise requires, they have to get it in his portfolio and to multiply; To make the rules on the establishment of Ward money is money.
(2) from the assets anyway, the cost of management including the expenses necessary for the preservation of the assets and the ordinary economic operating and the payments due are correct; also, the cost of maintenance, as far as the child is obliged according to the paragraphs 231 and 232 to the attraction of its assets or the needs of the child, not in any other way.
165. (1) the parents have about the assets of the minor child to Bill the Court; about the income but only insofar as they have not been used for the maintenance of the child. More information is determined in the laws of procedure.
(2) the Court may exempt all or part of parents from accounting, insofar as there are no concerns that they will properly manage the assets of the child.
§ 166. Is a fortune turned to a minor child and a parent is excluded from the management, the other parent with the Administration is responsible. Both parents or the parent who is entrusted with the custody alone, are excluded, so the Court has to entrust others with the management.
Legal representation of the child
167. (1) if both parents with the child custody are entrusted, so each parent for themselves is alone entitled and obliged to represent the child; its representation is even legally, if the other parent with her does not agree.
(2) their validity require the consent of the other parent responsible for custody acts of representation and consent of a parent, affecting the change of the first name or family name, entering a church or religious society and the exit from such a name, passing in foreign nursing, the acquisition of nationality or the waiver of such, the early solution of a teaching, training or service contract and the recognition of paternity to an illegitimate child. This does not apply to the receipt of declarations of intent and extra pieces.
(3) acts of representation and consent of a parent in financial matters approval to their legal effectiveness of the other parent responsible for custody and the approval of the Court, unless the assets matter does not belong to the regular business. Under this condition, particularly the sale or encumbrance of real estate, the establishment, which, also inheritance, purchase, the transformation, disposal or resolution and the change of the object of a company includes the also inheritance, entering one or the conversion of a company or cooperative, the renunciation of a succession, the unconditional acceptance or the renunciation of an inheritance, accepting a donation associated with stress or the rejection of a Schenkungsanbots, , the breakdown of money with the exception of the species in the sections 216 and 217, as well as the bringing of an action and all procedural orders relating to the subject of the procedure itself. This does not apply to the receipt of declarations of intent and extra pieces.
§ 168. requires a legal transaction of the consent of the legal representative, the consent of the other parent or the approval of the guardianship court, so the child has become an adult is only then this effectively obliged, in lack thereof when it declared in writing to accept these obligations as legally binding. The creditor calls on the age that has become, to explain, after the first set he has to set him a reasonable time limit.
§ 169. (1) in civil proceedings is only a Constitution custody parent alone to the representation of the child shall be entitled; as long as parents do not on the other parent agree or the Court determines this or a third party as a representative according to § 181 representatives is one parent who puts the first procedural act.
(2) the required under § 167 consent from the other parent and approval of the Court apply to the whole process.
Capacity of the child
170. (1) a minor child may without express or implied consent of his legal representative by have nor commit themselves.
(2) once reached maturity, it can however about things that have been left him free of charge, and his income from private acquisition so far have and commit themselves as endangering not his life needs.
(3) a minor child closes a legal transaction that is usually closed by minors of age and concerns a minor matter of daily life, so this transaction is retroactive effect with the fulfilment of the obligations taken the child, even if the conditions of paragraph 2 are not available.
section 171. As far as not otherwise determined is, can a mature minor child undertake independently through contract services, except to services on the basis of an apprenticeship or other training contract. The legal representative of the child may terminate prematurely the legal relationship established by the contract for important reasons.
section 172. The einsichts - and astute child unsuccessfully presented his opinion on his parents, it can appeal to the Court. This has the provisions appropriate to the child's best interests to meet after careful consideration of the reasons given by the parents and the child.
173. (1) can grant only the einsichts - and astute child consent in medical treatment; in case of doubt, the existence of this insight - and judgment mature minors is suspected. Lacks the necessary insight and judgment, as the consent of the person is required, which is entrusted with the legal representation in care and education.
(2) an einsichts - and urteilsfähiges minor child gives consent for treatment, usually associated with a heavy or sustained impairment of the physical integrity or the personality, so the treatment can only be made, if the person agrees, which is entrusted with the legal representation in care and education.
(3) the consent of the einsichts - and discerning child and the consent of the person who is entrusted with the care and upbringing are not required if the treatment is so urgent that the delay associated with the obtaining of consent or the consent would endanger the child's life or would be associated with the risk of serious damage to health.
section 174. A married minor child is equivalent to an adult with respect to his personal circumstances, as long as the marriage lasts.
paragraph 175. As far as a child as a result of noticeably delayed development, mental illness or intellectual disability that is missing for a single or a group of matters necessary insight and judgement or legal capacity, the Court has this on its own initiative or at the request of a person who is wholly or partially entrusted with the custody, to pronounce. This saying is, if not by the Court was revoked or temporarily at the most until the coming of age of the child.
Offence ability of the child
§ 176. So far as not previously a fault cannot be attributed to a minor child (§ 1310), then it will reverse debt able with the achievement of literacy after the compensation provisions.
Custody of the parents
177. (1) both parents are entrusted with the custody, if they are married to each other at the time of the birth of the child. The same is true from the time of the marriage, if they marry each other after the birth of the child.
(2) the parents at the time of the birth of a child are not married, only the parent with the custody is entrusted. Parents can determine once but before the Registrar personally and in the concurrent presence after an instruction on the legal consequences, that they both are entrusted with the custody, if the custody is not already legally regulated. The provision takes effect as soon as both parents have submitted matching observations personally before the Registrar. Period of eight weeks from its effectiveness, the provision without justification can be withdrawn by unilateral declaration of a parent to the Registrar. Previously used acts of representation remain unaffected.
(3) parents can submit also the Court - also in the amendment of an existing scheme - an agreement on the entrustment of the custody, where the entrustment of one parent alone or of both parents can be agreed.
(4) both parents with the child custody are involved and they do not live in domestic community, so they have to determine with which parent the child mainly to reside. Also, the parent in whose household the child mainly maintained, must be entrusted with the entire custody subject to section 158 paragraph 2. In the case of paragraph 3, the custody of the parent in whose household the child is not principally maintained, may be limited to certain matters.
Custody to prevent a parent
178. (1) a parent, who was entrusted with the custody of the child with the other parent, died, whereabouts is unknown for at least six months, the connection with him not or only with disproportionate difficulties can be made or is wholly or partially deprived him the custody, the other parent in this respect alone with the child custody is entrusted. The parent who is entrusted with the custody alone, is in this way affected so the Court considering the welfare of the child has to decide whether the other parent or whether and which pair of grandparents (grandparent) or pair of foster parents (foster parent) to entrust with the custody; The latter also applies if both parents are affected. The regulations on the custody then apply this grandparents couple (this part of the grandparents).
(2) at the request of the parent on the according to para 1 first sentence is passed the custody, the Court has to determine this transition.
(3) the custody to the other parent passes or transfers the Court as are the custody unless refers the transition or transfer of custody, to hand over the assets, as well as all documents relating to the person of the child and evidence.
Custody in dissolution of marriage and domestic community
179. (1) resolves to the marriage or the domestic community of parents, the custody of both parents remain upright. You can negotiate but a court, according to which a parent is entrusted with the custody or the custody of a parent is limited to certain matters.
(2) in the case of a custody of both parents after the dissolution of the marriage or the domestic community, these have to close, in whose household the child is mainly maintained an agreement in court.
Modification of child custody
180. (1) unless this corresponds to the best interests of the child, has a provisional regime of parental responsibility (phase of preliminary parental responsibility) to meet the Court 1 after the dissolution of the marriage or the domestic community of parents within a reasonable period of time an agreement fails according to § 179 or 2 the sole custody of him or his participation in the custody transfer applied for a parent.
The phase of preliminary parental responsibility is that the Court takes on the primary care of the child in his household a parent entrusted with the custody, while maintaining the existing custody arrangements for a period of six months and the other a such sufficient contact right admits that he can perceive also the care and upbringing of the child. During this period, the details of contact law, to set the care and upbringing as well as the performance of maintenance are in agreement of the parents or court order.
(2) after the end of the period, there is the Court definitively to decide on the basis of the experience in the phase of preliminary parental responsibility, including the performance of the legal maintenance and in accordance with the best interest of the child about the child custody. For the purposes of the preparation of the decision, the Court can also extend the phase of preliminary parental responsibility. If the Court entrusted with the custody both parents, it has also set, in whose household the child is maintained mainly.
(3) the custody in the sense of para 2 definitively regulated by each parent may request, provided that the conditions have changed significantly, a revision of the custody court. They apply to the change of a regulated custody according to paragraphs 1 and 2.
The deprivation or restriction of custody
The parents by their conduct endangering 181. (1) the welfare of the minor child, the Court has, by whom it is called, to make the necessary to ensure the welfare of the child. Especially the Court may deprive the custody for the child totally or partially, also statutory opt and consent rights. In individual cases, the Court can replace a legally required consent or approval, if there are no justified reasons for the refusal.
(2) such orders may can apply, such as when an important matter of the child's parents agree no other relatives in the direct ascending line, the foster parents (foster parents part), the youth welfare institution and of the mature minor this only in Affairs of his care and upbringing, a parent. Others can encourage such dispositions.
(3) the total or partial withdrawal of care and upbringing or the administration of the assets of the child includes withdrawal of legal representation in the respective field; the legal representation in these areas can be removed on its own if the parents or the concerned parent of their other duties.
(4) the law requires the consent or approval of the persons entrusted with care and upbringing (legal guardian), so the statement is with the legal representation in this area entrusted person necessary, but also sufficient, unless not otherwise specified.
section 182. By a Decree according to § 181 the Court should be limited only to the extent the custody, as may be necessary to safeguard the welfare of the child.
Termination of the custody
183. (1) the custody of the child goes out with the admission of he came of age.
(2) the legal representative has to pass the child become an adult whose documents relating to assets, as well as all the person and evidence.
§ 184. foster parents are persons who wholly or partially to get the care and upbringing of the child and which a relation between biological parents and children near upcoming relationship is or is to be made. You have the right to make proposals in the proceedings concerning the person of the child.
185. (1) the Court has to transfer the custody of the child, if the care is intended not only for a short time and the transfer complies with the best interests of the child a pair of foster parents (foster parent) wholly or partly at his request. The regulations on the custody then apply this pair of foster parents (this part of the foster parents).
(2) the parents or grandparents with the child custody are involved and they will not agree to the transfer, so this may be has only, if the best interests of the child would be at risk without it.
(3) the transfer is to repeal, if this is the best interests of the child. At the same time, the Court in accordance with the welfare of the child has to pronounce on who goes over the custody.
(4) the Court has the parents, the legal representative, more parents and guardians before taking a decision, to listen to the youth welfare institution and in any case, already ten years child. Section 196, paragraph 2 shall apply mutatis mutandis.
Other rights and obligations
§ 186. Every parent of a minor child has with the child to maintain a personal relationship, including the personal contacts (section 187).
The child and each parent have 187. (1) the right to regular personal contacts appropriate to the needs of the child. The personal contacts to settle by common accord the child and the parents. If such an agreement is not reached, the Court at the request of the child or a parent has to regulate these contacts in accordance with the best interests of the child and to lay down the obligations. The regulation has to ensure the initiation and preserving the special close relationship between parent and child and should as far as possible include times of leisure as well as the care in the child's everyday life. The age, needs and wishes of the child and the intensity of the previous relationship are to be paid.
(2) the Court has the personal contacts to restrict or prohibit, in particular, as far as this is necessary due to the use of violence against the child or an important attachment figures or the parent who lives with the minor child in the same household, does not meet his obligation under section 159 if necessary.
Section 188 (1) between the grandchildren and their grandparents is § 187 according to. The personal contacts of the grandparents are but also so far to restrict or prohibit, as otherwise the family lives of parents (one parent) or their relationship to the child would upset.
(2) if personal contacts of the minor child with a previous prepare third parties serve the best interests of the child, the Court at the request of the child, a parent or the third party has provided this may refer to the child in a special personal or familial relationship or stood, to make the necessary for the control of personal contacts. It has such orders at the request of the youth welfare institution or of its own motion if the well-being of the child would otherwise be at risk.
Right of representation, information and express-
189. (1) a parent of 1st Constitution not with the custody is by the person entrusted with the custody of important matters, in particular by measures envisaged under section 167, paragraph 2 and 3, to communicate in a timely manner and can express themselves do so within reasonable time, 2. has the parent entrusted with the custody in matters of everyday life to represent and maintain the child, and to educate , unless the circumstances require it and the child has legally established with him.
A statement is after no. 1 into account, if the desire is expressed more in keeping with the best interests of the child in every case.
(2) if the parent entrusted with the custody, in the exercise of his rights and obligations endangers the welfare of the child referred to in paragraph 1 or those rights quite abusive or in a not reasonable way parent or the child for the other, the Court has these rights on request, provided that the best interests of the child is endangered, also by virtue , to restrict or withdraw. The rights accounts for referred to in paragraph 1, if the parent not entrusted with the custody for no reason rejects the right of the child to personal contacts.
(3) personal contacts do not take place regularly despite the willingness of the parent is not responsible for the custody with the child, so the communication and law of expression of he is entitled (para 1 subpara 1) also on less important matters, to the extent it is thereby not only Affairs of daily life.
(4) if the parent entrusted with the custody persistently violated the rights of others pursuant to paragraph 1, the Court on motion, even of its own motion, the appropriate dispositions to meet has provided that the best interests of the child is endangered.
(5) this provision applies by analogy to a parent entrusted with the custody.
The custody, personal contacts and maintenance agreements
190. (1) the parents have agreements about the custody, the best interests of the child to maintain personal contacts as well as the care of the child.
(2) the determination of custody (section 177 subsection 2) and closed court arrangements referred to in paragraph 1 require for their validity no judicial approval. The Court has to declare the determination of custody and agreements of parents but for ineffective and at the same time to make a different arrangement, if the well-being of the child would otherwise be at risk.
(3) Court deals above the statutory maintenance payments need to of their legal validity of any judicial approval and are binding for the debtor.
Adoption of a child
Intrinsically authorized persons can take section 191 (1) of a child. The choice of sonship is established through the adoption of a child.
(2) the adoption of a child of choice by more than one person, unless at the same time, unless, as long as the choice of sonship, one at a time, is permitted only if the participants are married to each other. Spouses may take usually only together. Exceptions are allowed if the biological child of the other spouse shall be accepted if a spouse cannot accept, because he does not meet the statutory requirements with regard to the own permission or age, if his stay is unknown for at least a year, if the spouses have abandoned the conjugal community for at least three years, or if similar and especially weighty reasons justify the adoption by one of the spouses.
(3) persons to whom is entrusted to take care of the assets of the adopted choice child by court order, cannot accept so long this, as they are not exempt from this obligation. You must have previously created account and assigned to the preservation of the entrusted assets.
Form; Entrance of the effectiveness
192. (1) the adoption of a child is concluded by written agreement between the participants and the adopted child and through judicial authorization at the request of a Contracting Party. It takes effect in the case of its approval at the time of the contractual agreement of will. The accepting dies after that date, so this does not prevent the granting.
(2) the not intrinsically legitimate choice child enters into this agreement through his legal representatives, it need do so any judicial approval. The legal representative refuses his consent, the Court has at the request of or child's choice to replace it if no justified reasons for the refusal.
The choice parents must have completed the 25th year of life 193. (1).
(2) election father and mother of the election must be at least 16 years older than the adopted child.
194. (1) is the assumption of a not intrinsically legitimate child to grant if it serves its well-being and a relationship corresponding to the relationship between natural parents and children exists or is to be made. The adopted child is intrinsically entitled, it is accepting only to grant if applicants demonstrate that already exists a tight relationship corresponding to the relationship between natural parents and children especially if they adopted child and Acceptor either have lived in the same household or in a similar narrow community assistance paid each other during five years.
(2) the authorization is, except in the absence of the requirements of paragraph 1, to fail if precludes a predominant concern of a biological child of the adopted, including its maintenance or education would be at risk; Moreover, economic concerns are not to note unless the accepting is the exclusive or predominant intention of harming a physical kid.
195. (1) the permit may only be issued, if the following persons agree to the adoption of: 1. the parents of the minor child of choice;
2. the spouse or registered partner of the acceptor;
3. the spouse or registered partner of the choice child;
4. the adopted child from the age of 14 years.
(2) the right of approval referred to in paragraph 1 is eliminated, if the agreement authorized person as the legal representative of the choice child has the adoption contract, if it is not just temporarily incapable of a circumspect statement or if the stay one which is unknown in paragraph 1 for at least six months persons referred to in no. 1 to 3.
(3) the Court has the approval refused one to replace referred Z 1 to 3 persons at the request of a Contracting Party, if there is no justification for the refusal in paragraph 1.
196. (1) have a right to be heard: 1 the not intrinsically legitimate choice child from the fifth age, except that it has since that time in the growing lived;
2. the parents of the adult child of choice;
3. the foster parents or the Director of the orphanage in which the adopted child is located;
4. the youth welfare institution.
(2) the right to consultation of beneficiaries referred to in paragraph 1 shall not apply if he has concluded the contract of adoption as the legal representative of the choice child; also, if he's not or could be heard only with disproportionate difficulties.
Section 197 (1) between the adopted and his descendants on the one hand and the adopted child and his underage at the time of the effect of the adoption of progeny on the other hand the same rights as they are justified by the ancestry emerge at this time.
(2) if the adopted child is adopted by spouses as parents choice, so you not only go out existing family law relationships between the biological parents and their relatives on the one hand and the adopted child and his underage at the time of the effect of the adoption of progeny on the other hand at this time with the exceptions specified in section 198 in the relationship itself (§ 40). The adopted child is accepted only by a choice father (a mother of choice), these relationships only in terms of the biological father (the mother) and the void (their) relatives; to the extent that these relationships would then remain upright, the Court, if the eligible parent has consented to, this parent to expressing the void; Lapse acts from the time of submission of the consent form, but not before the date of effect of the adoption.
198. (1) the justified in family law obligations of the biological parents and their relatives to keep and the facilities compared to the adopted child and its performance in the date of effect of the adoption of minor descendants remain upright.
(2) the same applies to the maintenance obligation of the choice child to the birth parents, if they have not grossly neglected their obligation to pay maintenance to the still not fourteen-year-old child before the adoption of a child.
(3) the duties of maintaining permanent according to paragraphs 1 and 2 are however the same obligations justified by the adoption in the range.
199. (1) which in the inheritance law justified rights between the biological parents and their relatives on the one hand, and the adopted child and which at the date of effect of the adoption remain upright minor descendants on the other hand.
(2) if the assets of choice a child in the second line of death the choice parents and their descendants on the one hand do the birth parents and their descendants on the other hand; has been accepted only through a choice father (a mother of choice) the adopted child and (their) offspring, as well as the biological mother (the father) or their are available (its) descendants both the choice father (the mother of choice) or the discount half the tribe of choice his father (the mother of choice) and the mother (of the father) falls.
Revocation and cancellation
200th (1) is the Court permit the Court to withdraw with retroactive force: 1. on its own initiative or at the request of a Contracting Party, if at the conclusion of the contract of adoption the accepting does not authorize capital has been, unless he gave after obtaining his personal permission to recognize that he wants; continue the choice child
2. of its own motion or at the request of a Contracting Party, if not intrinsically legitimate choice child even has the adoption contract, except it has the legal representative or following obtaining the permission of equity the adopted child subsequently agreed or refused subsequent consent of the legal representative within the meaning of § 192 paragraph 2 is replaced by the Court;
3. from Office because of or at the request of a Contracting Party, if the adopted child has been adopted by more than one person, except the participants have been at the time of authorisation married to each other;
4. own initiative or at the request of a Contracting Party, if the acceptance contract exclusively or mainly has been closed with the intention, the adopted child to enable the leadership of the family name of his father's choice or choice mother or establishing the outer glow of a choice filial to the concealment of illegal sexual relations;
5. at the request of a Contracting Party, if the adoption contract is concluded not in writing, and since no more than five years have elapsed the entry of the legal force of the decision of approval.
(2) one of the parties has the ground for revocation (para 1 Nos. 1 to 3 and 5) not known at conclusion of the adoption contract, so the revocation applies in its relation to the other Contracting Party insofar as suspension (§ 201), as he claimed this.
(3) a third party that has acquired rights in reliance on the validity of the adoption of a child before the withdrawal can be not argued that the permit is been revoked. A third party can claim not the effects of the revocation to the detriment of one of the Contracting Parties which has not known the revocation reason in conclusion of the adoption contract.
Section 201 (1) is the choice of adoption to repeal by the Court: 1 if the Declaration of a Contracting Party or an approval authorized by list or unjust and founded fear is prompted and the party concerned requested the suspension within a year period after discovery of the misrepresentation or omission of the predicament;
2. institutionally, if maintaining choice filial; seriously endanger the child's best not intrinsically legitimate choice
3. on request of the choice child, if the repeal serves the benefit of choosing a child after the dissolution or annulment of marriage of the choice parents or after the death of his father's choice (the mother of choice) and not a justifiable concern of (the) affected by the suspension, if already deceased contrary to choice father (mother of choice);
4. If the choice father (the mother of choice) and the intrinsically legitimate choice child apply for the annulment.
(2) is the choice child compared to a choice father and a mother of choice, so the lifting in the sense of paragraph 1 may be granted only two opposite; the suspension compared to one of them alone is permitted only in the event of the dissolution or annulment of their marriage.
Section 202 (1) with the entry of the legal force of the annulment decision void (their) offspring on the one hand, acceptance between the choice father (the mother of choice) and its and legal relations established the adopted child and its descendants on the other hand.
(2) at this time, the family relationship between the biological parents and their relatives on the one hand and the adopted child and its descendants on the other hand, as far as they are extinguished after § 197, revived.
(3) with the date referred to in paragraph 1, the name legal effects of adoption are looking at, as it would not have occurred in terms of choosing a child and whose underage offspring.
§ 203. A withdrawal or a cancellation from other than the reasons stated in paragraphs 200 and 201 is inadmissible; as a contractual agreement or a dispute about the rescission of the adoption contract."
5. § 187 receives the paragraph called "§ 204." and is together with the headings:
"Fourth main piece
By the custody of another person
section 204. As far as after the third main piece neither parents have been entrusted have grandparents or foster parents with the custody or can be entrusted and no case of § 207, has another suitable person of the custody to entrust to the Court in accordance with the welfare of the child."
6 § 188 receives the paragraph called "§ 205."; the reference "section 145c" is replaced by the reference "paragraph 166".
7 § 189 receives the paragraph called "§ 206.".
8 § 211 receives the paragraph called "§ 207.".
9 § 212 receives the paragraph called "§ 208."; the reference "section 154a" is replaced by the reference "article 169".
10 § 213 receives the paragraph called "§ 209.".
11 § 214 receives the paragraph called "§ 210."; the reference "paragraphs 216, 234, 265, 266 and 267" is the reference "section 213, 224, 228, 229 and 230" and the reference "section 230e" replaced by the reference "section 220".
12 § 215 receives the paragraph called "§ 211."; the reference "section 212 (4)" is replaced by the reference "section 208 (4)".
13 § 215a receives the paragraph called "§ 212."
14 § 216 receives the paragraph called "§ 213."; the reference 'section 154 paragraph 2' is replaced by the reference "section 167 subsection 2".
15 § 229 receives the paragraph called "§ 214."; the reference "article 154, par. 3 and 4" is replaced by the reference "section 167, paragraph 3 and article 168".
16 § 230 receives the paragraph called "section 215".
17 § 230a receives the paragraph called "§ 216."; the reference "(§ 230b)" (§ 217) and the reference (section 230 c) is replaced by the reference by the reference (section 218).
18 § is 230 b paragraph labeled "§ 217.".
19 § 230c receives the paragraph called "§ 218."; in paragraph 2, the last sentence is lifted.
20 § 230d receives the paragraph called "§ 219.".
21 § 230e receives the paragraph called "§ 220." and is:
"220. (1) a different breakdown of the assets of a minor child is allowed, if it corresponds to the principles of safe and economical management of assets according to the circumstances of the individual case. Is the occurrence of major damage caused by realization of risks if at all possible to counteract their diversification.
(2) when securities and claims which are not mentioned in paragraphs 216 to 218, for it provided that continually expertly maintained on their security and economy and and a sale, if it should be provided by the market development, immediately carried out be; the liability of the trustee to the minor child must be secured. Deposits which require a regular deposit, it must be ensured that these can be made from the assets of the minor child.
(3) in the case of real estate properties, which are not mentioned in § 219, your purchase must be the minor child with relationship to the present or future exercise of profession or otherwise to the clear advantage; the purchase price may not exceed the fair market value."
22 paragraph 221:
"§ 221. The legal representative is required for facilities of the assets of a minor child of any approval, if the establishment is part of the ordinary business."
23. the paragraphs 231 and 232 be paragraph called "§ 222." to "§ 223.".
24 § 234 receives the paragraph called "section 224.".
25 § 250 receives the paragraph called "§ 225."; the references to "section 211" be replaced by the references "section 207".
26 § 253 receives the paragraph called "§ 226."; the reference "section 145 b" "section 159" and the reference is replaced by the reference "section 188 subsection 2" with the reference "article 205 paragraph 2".
27 § 264 receives the paragraph called "§ 227."; the reference to 'article 187' is replaced by the reference "section 204".
28 § 265 receives the paragraph called "§ 228."; the reference "section 264" is replaced by the reference "article 227".
29 § 266 receives the paragraph called "§ 229."; the reference to 'article 187' is replaced by the reference "section 204".
30 § 267 receives the paragraph called "§ 230."; the reference "section 264" is replaced by the reference "article 227".
31. under article 230, the following fifth main piece is inserted:
"Fifth main piece
231. (1) the parents have to cover the commensurate with their circumstances the child's needs, taking into account its facilities, skills, proportionally contribute inclinations and development opportunities after their forces.
(2) the parent, which implements the budget, in which he maintained the child, this makes its contribution. In addition, he has for the maintenance of the child to contribute, as far as the other parent to the full coverage of the needs of the child is unable or would have to do more than it would be appropriate to its own circumstances.
(3) the entitlement to maintenance is reduced in so far as the child has own income or is capable of self-preservation taking into account its living conditions.
(4) agreements, whereby a parent committed the others to come solely or predominantly for the maintenance of the child and in case of use with the obligation to pay maintenance indemnify and keep the other, are ineffective if they are not closed in the context of an overall settlement of the consequences of a divorce court.
section 232. As far as the parents are unable to their forces to the performance of the maintenance, the grandparents will owe him according to the needs of the child commensurate with the circumstances of the parents. In addition the article 231 shall apply mutatis mutandis; the maintenance claim of a grandson is reduced but also in so far as the attraction of the tribe of own assets is reasonable. Moreover, a grandparent's only to the extent to make maintenance as he thereby does not endanger the own reasonable maintenance taking into account his other duties of care.
section 233. Blame a parent to pay child maintenance, goes up to the value of the estate to his heirs. In the child's claim everything is to include, after the deceased, receives the child through a contractual or testamentary gift, than legal inheritance, as part of duty or by a public or private performance. Reaches the value which reduces probate so insufficient, to secure the due maintenance the child until likely the ability of self preservation, the entitlement of the child according to.
234. (1) the child owes his parents and grandparents, taking into account its living conditions maintenance, unless the dependent is unable to obtain, and if he has not grossly neglects his obligation to pay maintenance to the child.
(2) the obligation to pay maintenance of children is of a spouse, a former spouse, ancestors and descendants closer degree of dependent status. Several children have maintenance pro rata to their ability to afford.
(3) the maintenance claim of a parent or grandparent is reduced in so far as the attraction of the tribe of own assets is reasonable. Moreover, a child has only to the extent to make maintenance as it not endangering the own reasonable maintenance taking into account his other duties of care.
Claims in connection with the birth
Section 235 (1) who is father obliged to replace also the mother of the costs of childbirth, as well as the cost of their maintenance for the first eight weeks after childbirth and, if more expenses are necessary as a result of childbirth.
(2) the claim is barred three years after the birth."
32. the fifth part of the first part before paragraph 268 is named "Sixth main piece".
33. in article 271, paragraph 2 the reference "section 140 and § 148" the reference "paragraphs 187 and 188 231" and the reference "section 266, paragraph 1 and 2 or § 267" with the reference "article 229, paragraph 1 and 2 or § 230" be replaced.
34. Article 275 par. 3 replaces the reference "paragraphs 229 to 234" with the reference "paragraphs 214 to 224".
35. in paragraph 278 will be the reference "section 145 para 3" with the reference "section 178 paragraph 3" replaced reference "section 172 para 2" with the reference "section 183 subsection 2" and in the last sentence that word "is"are"".
36. in paragraph 284, the reference "article 154a" c paragraph 2 is replaced by the reference "article 169".
37. § 310 replaces the reference "article 151 par. 3" with the reference "article 170 para. 3".
37A. in section 773a paragraph 3 the phrase "personal transportation" is replaced by the phrase "personal contacts".
38. in article 865 the reference "article 151 par. 3" with the reference "article 170 para. 3" is substituted.
39. in § 1034, the reference is "sections 211, 212 and 215 section 1 last sentence" with the reference "articles 207, 208 and 211 para 1 last sentence" replaced.
40. According to § 1502 following provision including headings is added:
"Fifth main piece
Entry into force and transitional provisions as of 1 February 2013
§ 1503. 2013, Federal Law Gazette I 15/2013, the following applies for the entry into force of the child and name change law: 1. the child and name change law 2013 occurs, unless the following intended, with force, February 1, 2013.
2. sections 93 to 93 c as amended by this federal law are to apply to spouses, including the marriage after 31 March 2013.
3. articles 148, paragraph 3 and 152 as amended by this federal law are declared to judicial Protocol approvals apply mutatis mutandis.
4. the sections 155 to 157 as amended by this federal law are to apply to children which is claimed after 31 March 2013 the birth or adoption of a child. section 139 in the version of the NamRÄG 1995, Federal Law Gazette No. is 25/1995, apply to children, whose Geburt testifies before 1 April 2013.
5. spouses who have entered marriage before April 1, 2013, to determine their names from 1 September 2013 according to the rules of this Federal Act. Equally, the name as of September 1, 2013 according to the rules of this Federal Act can be determined for children whose birth or adoption of a child before that date is been notarized.
6. without prejudice to the No. 6, paragraphs 93 par. 2 and 155 are to apply paragraph 2 as amended by this federal law, if the change of the family name of the spouse or the parent or a parent is claimed after 31 March 2013.
7. rights and obligations for the use of a name, which acquired before 1 April 2013 has been legally significant event on the basis of one or created, will remain unaffected.
8 except in judicial proceedings before the day following the announcement pending also acknowledgement to apply, which have been declared prior to the entry into force of § 142 § 142 along with heading as amended by this federal law. § 142 enter into force the following day on the announcement of this Federal Act in the Federal Law Gazette.
9 from the following day to be adopted on the announcement in the Federal Law Gazette may regulations for the implementation of this federal law; they apply at the earliest with February 1, 2013."
Amendment of the Act of except dispute
The except dispute Act, Federal Law Gazette I no. 111/2003, as last amended by Federal Law Gazette I no. 111/2010, is amended as follows:
1. the text of the previous article 89 is paragraph labeled (1); the following paragraph 2 is added:
"(2) in the scope of the Hague Convention on protection of children and cooperation in respect of intercountry adoption, BGBl. III No. is 145/1999, in the decision to include also the certificate that the adoption in accordance with the provisions of this Convention is established, in particular when and by the who; has been awarded the approvals of the central authorities to the continuation of the adoption proceedings" the Court has to obtain a statement of the competent Office of the provincial government for this purpose."
2. the 3rd paragraph in the main piece is eliminated.
2A. the 3rd section in the second part (§ 92 including headings) is repealed.
3. in article 95, after paragraph 1 of the following paragraph 1a is inserted:
"(1a) before completion or template of a control of the consequences of divorce court have to certify that they have can be advised about their minor children with an appropriate person or institution specific needs resulting from the divorce the parties."
3A. in article 101, paragraph 1, the word is "adult".
4. the seventh section header is as follows:
Regulation of child custody and the personal contacts"
5. in article 104, paragraph 1, and article 104, paragraph 1 the phrase "the right to personal transportation" is replaced by the phrase "personal contacts".
6. in article 105, paragraph 1, the phrase "the right to personal transportation" be replaced by the phrase "personal contacts" and inserted after the word "Youth welfare institution"the twist", the family court assistance".
7. in section 106, the phrase "the right to personal transportation" replaced by the phrase "personal contacts" and the phrase "and before the approval of agreements on such matters".
8. after section 106, following §§ 106a inserted to 106 c together with the heading:
"Family court assistance
§ 106a. (1) the family court assistance supports the Court on its behalf in the collection of the decision, the initiation of an amicable and the information of the parties in proceedings on the custody or personal contacts.
(2) the family court assistance is entitled to charge persons who could provide information about the conditions under which a minor child, and to consult, as well as to establish direct contact with the child. Persons in whose care the child is, are required to tolerate a such contact. Against persons who violate their duty to participate in surveys of family court assistance, the Court may order appropriate coercive measures according to § 79 para 2. § 20 para 1 is first rate surveys of family court assistance do not apply.
(3) the security authorities, public prosecutor's offices, courts as well as facilities for the information, care and treatment of underage persons have to furnish the necessary information to the persons working at the family court assistance and to provide access to the files and records; only the obligation to exchange the information is for the youth welfare institution. The persons working at the family court assistance are, except when they to make an official announcement, anyone have to sworn to secrecy about the exercising their activity made, secretly committed to continuing perceptions in the interest of those involved.
(4) the persons working at the family court assistance shall report to the Court in writing or at the hearing. The provisions concerning the refusal of an expert shall apply mutatis mutandis for the rejection of a person working at the family court assistance.
Section 106 b. Procedures to the scheme or compulsory enforcement of the right to personal contacts the Court can insert into the family court assistance as Besuchsmittler. As such, it has to communicate with the parents about the concrete exercise of personal contacts and to mediate conflicts between them. She has the right to be present during the preparation of the personal contacts with the parent living with the child in the same household, in the delivery of the child to and for the return of the child by this. She has to report the Court at the latter's request on their perceptions in the conduct of personal contacts in writing or at the hearing.
§ 106c. (1) the Federal Minister of Justice is authorized, in accordance with the budgetary, organizational, technical and personnel facilities, as well as taking on the economic justification regulation to arrange a family court assistance is set up for the district courts. As far as it is possible and necessary, the necessary facilities and telecommunications facilities are free of charge to provide the family court assistance in the courthouse.
(2) for those district courts for which there is no family court assistance, in Vienna, the Vienna juvenile court assistance acts (article 49, paragraph 1 Juvenile Court Act 1988) as family court assistance.
(3) in carrying out their responsibilities persons working in the family court assistance are equal Z 4 penal code officials within the meaning of section 74, paragraph 1. You are to equip with a badge of the Federal Government."
9 § 107, whose previous heading remains unchanged, is as follows:
"§ 107. (1) the procedure using the custody or personal contacts 1 the parties only by a lawyer can be represented;
2. is the parties to request a copy of the judgment without justification or a certificate, where the extent of entrustment with the custody is circumscribed, to exhibit;
3. can be changed from contested decisions also to the detriment of the party fencing to if this requires the well-being of the minors concerned;
4. does not take place an amendment procedure.
(2) the Court has the custody and the exercise of the right to personal contacts in accordance with the child's welfare, in particular to maintain the reliable contacts and establishing legal clarity, also for the time being to give or to withdraw. This may be necessary especially after dissolution of the marriage or the domestic community of parents (article 180, paragraph 1 Z 1 ABGB). Preliminary binding and enforceable comes to this decision, if the Court does not rule this out. In addition, article 44 shall apply mutatis mutandis.
(3) the Court has the measures necessary for the protection of the well-being of the child to arrange, as far as this not the interests of a party, the procedure is protection, or are unreasonably affect interests of the other parties. Such measures compulsory visit to a family, parents and educational counselling are especially considering 1;
2. participation in an initial interview via mediation or arbitration;
3. participation in a consulting or training to deal with violence and aggression;
4. the ban on leaving the country with the child and 5. the acceptance of travel documents of the child.
(4) the Court can stop, if necessary, several times, to the implementation of measures pursuant to paragraph 3, which may have influence on the progress of the procedure with the procedure. In addition, section 29 shall apply mutatis mutandis.
(5) in proceedings on the custody and the personal contacts a reimbursement does not take place."
10. after section 107, 107a the following paragraph with heading shall be inserted:
"Special measures taken by the youth welfare institution decisions
section 107a. (1) in proceedings on an application of the youth welfare institution pursuant to section 211 para 1 second sentence ABGB has the Court at the request of the child or the person in whose custody it was intervened immediately, if at all possible within four weeks, to pronounce whether the action of the youth welfare institution is prohibited or permitted for the time being. Such a request must be provided within four weeks after the start of the action. The Court declared the action inadmissible, so preliminary binding and enforceable comes to this decision, if the Court does not rule it out; In addition, article 44 shall apply mutatis mutandis. The deadline for the appeal which the illegal declaration of the action is challenged, is three days. Against the provisional acceptable Declaration, an appeal is not allowed.
(2) the youth welfare institution completes the action, so has the Court at the request of the child or the person was taken into their custody to pronounce whether the action was inadmissible. Such a request must be made within three months after the end of the action."
11 § 108 together with heading is as follows:
"Special decisions in proceedings concerning the right to personal contacts
§ 108. a minor who has already completed their fourteenth year, expressly rejects the pursuit of personal contacts and fail a teaching about the rights situation, and that the initiation or maintenance of contact generally corresponds to their good with both parents, as well as the attempt of an amicable agreement, application for control of personal contacts without further substantive examination be dismissed and to refrain from continuing the enforcement."
12. in paragraph 109 are in the heading the phrase "Right to personal transportation" "personal contacts" replaced by the word order, the sales designation (1) preceded the previous scheme, replaced the phrase "the right to personal transportation" with the phrase "personal contacts", lifted the second set and following paragraphs added:
"(2) the Court has taken the transcript, has to submit a copy of the transcript of an agreement the jurisdiction for the decision about the custody or personal contacts referred to in paragraph 1.
"(3) the Registrar has to decide on the custody jurisdiction under connection of the statements of parents writing about a determination of custody (article 177, paragraph 2 ABGB) to inform."
13 paragraph 110 para 1 and 2 together with the heading:
"Enforcement of regulations of custody or the right to personal contacts
110. (1) has the coercive enforcement of a regime of custody or the right to personal contacts only to occur when 1 is a judicial decision;
2. an agreement in court, or 3. the custody before the Registrar has been determined.
(2) an enforcement is excluded after the execution order. The Court has to order on request or by virtue appropriate coercive measures according to § 79 para 2. Regulations concerning the personal contacts, are to enforce against the will of the parent who lives with the minors in the same household. The Court understands regulations concerning the custody, also by applying appropriate immediate coercion."
14. in the sections 111, 112 and 115, the phrase "personal transportation" will be replaced by the phrase "personal contacts".
15. the text of the previous paragraph 132 receives the sales designation (1); the following paragraph 2 is added:
"(2) to assess the safety and efficiency of the establishment of Ward money, the Court has to call in an expert."
16. in article 140, paragraph 1, a comma and the slogan, "the family court assistance" be inserted after the word "Youth welfare institution".
17. According to the § 207 h is inserted 207i the following section together with the heading:
"Entry into force and transitional provisions to the Federal Act Federal Law Gazette I no. 15/2013"
§ 207i. (1) sections 89, 106a, 106b and 106 c as amended by the child and name change Act 2013, Federal Law Gazette I no. 15/2013, with the day following the announcement of this Federal Act in the Federal Law Gazette into force.
(2) the repeal of the 3rd section in the main piece shall enter into force 1 January 2016.
(3) §§ 95, 101, 104, 104a, 105, 106, 107, 107a, 107 b, 108, 109, 110, 111, 112, 115, 132 and 140 as amended by the child and name change Act 2013, Federal Law Gazette I no. 15/2013, apply with February 1, 2013. Sections 101 and 107 para. 1 No. 1 as amended by this federal law are to apply to proceedings where the proceedings document instituting application has been attached after January 31, 2013 at court. section 107a para 2 as amended by this federal law shall apply if the action of the youth welfare institution was completed after January 31, 2013."
Amendment of the marriage law
The marriage law, dRGBl. 1938 S. 807, last amended by Federal Law Gazette I no. 135/2009, is amended as follows:
1. 55a paragraph 2 paragraph:
"(2) must be divorced only, if the spouses a written agreement on the care of their children or the child custody, the exercise of the right to personal contacts and the maintenance obligation with regard to their children, their maintenance rights relations and the statutory property rights in relation to each other in case of divorce court."
Amendment to the justice support agency Act
The justice support agency Act, Federal Law Gazette I no. 101/2008, as last amended by Federal Law Gazette I no. 137/2009, is amended as follows:
1 § 2 para 5 second sentence reads:
"The justice support agency is also entitled, with people who are suitable in particular for their profession, their professional experience in dealing with children and adolescents and their training for this activity, to conclude agreements on the provision of child advisers and other experts to support the courts in family law matters; Similarly, she may contracts for the provision of interpreters (article 75, paragraph 4 ASGG, § 126 para 2a StPO) complete.
2. in article 24, paragraph 1, the phrase "in accordance with article 2, paragraph 1" in the second sentence is replaced by the phrase "in accordance with § 2".
The following paragraph 3 is added to § 3. 30:
"(3) section 2, para. 5, and section 24 para 1 as amended by the child and name change Act 2013, Federal Law Gazette I no. 15/2013, with the day following the announcement of this Federal Act in the Federal Law Gazette into force."
Amendment of the registrars Act
The registrars Act, Federal Law Gazette No. 560/1985, amended by Federal Law Gazette I no. 111/2010, is amended as follows:
1. § 19 para 2 subpara 2 is: "2. procedures for the control and the deprivation of one or all of the family relationships betriebsgesellschaft purely personal rights and obligations, in particular regarding the custody and personal contacts, as well as procedures for the replacement of consents and approvals."
The following paragraph 8 is added to § 2. 45:
"(8) section 19 para 2 No. 2 as amended by the child and name change Act 2013, Federal Law Gazette I no. 15/2013, 1 February 2013 into force."
Amendment to the court fees Act
The court fees Act, Federal Law Gazette No 501/1984, as last amended by Federal Law Gazette I no. 64/2012 and the by-laws Federal Law Gazette I no. 88/2012, is amended as follows:
1. in section 2 are no. 1
(a) in the lit. h the phrase "collective post 12 lit. a to c, f, g and i"by the phrase"collective post 12 lit. a to c, f, g, and j"replaced;
(b) is in the lit. i the following phrase added: "for the lit in the collective post 12. i no. 1-led process with order of the family court assistance, for in tariff post 12 lit. i Z 2-run additional procedures after the expiration of three months from the order of the family court assistance respectively each after the other three months;"
2. in section 28
(a) is the previous Z 10 labeled "11" and
(b) 9 following Z 10 adds a to the Z: "10 on order of the family court assistance according to § 106 b AußStrG any party;" the minor meets but no fee requirement;"
3. in note 8 to the collective post 7 is the bracket expression "(§§ 266, 276 ABGB)" by the parenthetical expression (§ 229, 276) replaced.
4. in the tariff post 12
(a) is in the lit. b Z 8 in the column object the bracket expression "(§ 179 ff ABGB)" by the parenthetical expression "(§ 191 ff ABGB)";
(b) is the lit. g in the column object: "g) ABGB process through personal contacts and procedures concerning applications according to § 189" c) the previous gets lit. i the letter designation j) and
(d) If following lit. i added:
Scale for the tax
Amount of fees
i) 106 b AußStrG procedures under the section:
1. for the first three months from order of the family court assistance as Besuchsmittler
200 euro per party
2 three started for any other duration months up to the end of the activity of the Besuchsmittlers the parties to
more 200 euro per party e) the Notes 6-10 are:
"6. the fee according to tariff post 12 lit. g is to be paid for an application for control of personal contacts. The application relates to several children, an additional amount by way of analogous application of § 19a shall be paid. The fee is payable for a request to amend an existing regulation and for an application for enforcement.
7. the fee according to tariff post 12 lit. g is not to pay, if the applicant had to pay a fee for such a request already in the six months preceding application for a request for enforcement of an existing scheme of personal contacts. The same applies to ABGB requests according to section 190, if the applicant had to pay a fee for such a request already in the six months preceding application.
8. the obligation to pay the flat-rate fee according to tariff post 12 lit. h is not affected, that the decision about the order of the children assistance an appeal is contested. Repeals the order of children providing assistance on the basis of an appeal or, it turns out that the activity of the family court assistance as Besuchsmittler previously ended, too much paid fee is retroactive to reimbursed.
9 ends the appointment of an adviser of the children or the designation of the family court assistance as Besuchsmittler to collective post 12 lit. h Z 1 or lit. i no. 1 within the first two weeks after purchase order or contract, so reduced the flat fee according to tariff post 12 lit. h or i on a quarter.
10. the flat-rate fee according to tariff post 12 lit. h and i is to pay if a child support or Besuchsmittler is used for several children or if several children advisers or Besuchsmittler are used in a procedure only once."
5. Article VI will be added following Z 52:
"52. § § lit 2, 28 and note 8 to 7, the 12 tariff post tariff post. b No. 8, lit. g, i and j, as well as the comments of 6 to 10 to rate post 12 as amended by the child and name change Act 2013, Federal Law Gazette I no. 15/2013, apply with February 1, 2013. "§ 31a is that with the minors and 2013 name Law Amendment Act, Federal Law Gazette I no. 15 / 2013 newly created or modified fees was to the proviso to apply that basis published for the realignment of these amounts for March 2011 final index number of the of the Federal statistics 2000 is Austria of suggested consumer price index."
Amendment of the Federal Act on the implementation of the Convention of 25 October 1980 on the civil aspects of international child abduction
The Federal law is changed from 9 June 1988 for 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 Federal Law Gazette I is no. 112/2003, as follows:
1. paragraph 3:
"The application and to be included in other documents relating to the article 24 § 3 (1) to provide para. 1 of the Convention with a translation into a foreign language, the §§ 63 are if there is an application for grant of legal aid with regard to the fee of the interpreter et seq. Code of civil procedure to apply. After the granting of legal aid, the Court has to induce the production of the required translations.
(2) a request of the applicant party on provision of psycho-social process support in Austria is to forward to the eligible institution during the proceedings on the application for return of a child (section 2). § is 73B ZPO to apply by analogy where the provision of psychosocial support during this procedure requires no previous criminal."
Change of the change of name Act
The change of name Act - nails and body, Federal Law Gazette No. 195/1988, amended by the by-laws Federal Law Gazette I no. 37/2012, is amended as follows:
1 § 2 par. 1 Z 7 to 9 are: "7 the applicant under the name provision (§ 93 b ABGB) a family name according to §§ 93 to 93 c of the General Civil Code - ABGB, DL No. 946/1811 she is willing to get"
7A. the applicant last name according to §§ 93 to 93 c ABGB; get
8. the applicant according to the name of (article 157, paragraph 1 ABGB) a family name according to § 155 ABGB; get
9 the applicant a § 155 ABGB corresponding family name of the person wants to preserve, who comes to care for him, or in whose care he is located and the foster care not only for a short time is intended;"
2. in article 2, paragraph 1 9 following Z 9a is added to the Z: '9a.
the applicant who in addition to Austrian citizenship is a more national, want to get a family name he already lawfully leads to a different personal status and is target of the name change, to the two home rights for same name;"
3. in article 2, paragraph 2, the paragraph reference is "ABS 1 Z 1 to 6, 9a, 10 and 11".
4. in article 3, paragraph 1 Z 8 the paragraph reference is "§ 2 par. 1 Z 5-9a".
5. § 3 par. 2 No. 1 is: "1. a name change Z 7-9a; applied according to § 2 para 1"
6 the following paragraph 5 is added to § in 11:
"(5) the paragraphs 2 and 3 as amended by the child and name change Act 2013, Federal Law Gazette I no. 15/2013 with 1 April 2013 into force."
Entry into force and transitional provisions
3 (EheG) and article 7 (Federal Act of 9 June 1988 for the implementation of the Convention of 25 October 1980 on the civil aspects of international child abduction) apply § 1 article with 1 February 2013.
§ 2. The Federal Minister of Justice is entrusted with the execution of this federal law - excluding article 8.