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Child Support Law

Original Language Title: Kinderbeistand-Gesetz

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137. Federal Law, with which the Non-Disputes Law, the Civil Procedure Code, the Court Fees Act and the Justice Care Agency Act are amended to introduce the Children's Assistance Act (Kinderbeistand law).

The National Council has decided:

Article 1

Amendment of the Non-Strike Act

The Extrastreit Act, BGBl. I n ° 111/2003, as last amended by the Federal Law BGBl. I No 75/2009, shall be amended as follows:

1. According to § 104, the following § 104a is inserted:

" Children's Assistance

§ 104a. (1) In proceedings concerning the provision of care or of the right to personal traffic, minors under the age of 14 are, in case of special needs with their consent, also under the age of 16, to order a child's assistance when it comes to: the intensity of the dispute between the other parties in support of the minor is necessary, and appropriate persons are available to the court. The court can only order a child's assistance from the Federal Ministry of Justice or on its behalf by the court-care agency of namily made persons. Only those persons who are suitable for this activity, especially after their occupation, their professional experience in dealing with children and young people and their training, can be made known.

(2) The child's councor shall have the necessary contact with the minor and inform him of the course of the proceedings. He is obliged to secrecy over the facts entrusted to him in the performance of his function or which have become known. In agreement with the minor, he shall give his opinion to the Court of First Instance.

(3) The child's assistance shall have the right to inspect files. It is to be understood by all dates. He may take part in all oral proceedings and accompany the minor to take evidence outside the oral proceedings at his request. All requests by the parties must be sent to him; he shall be informed of any further procedures for the submission of the procedural motion.

(4) The provisions concerning the rejection of an expert shall apply mutatily to the refusal of the child's assistance.

(5) The order shall end with the final execution of the case. The court may depart the child's assistance beforehand if this requires the welfare of the minor. In the temporal relationship with the final execution of the case, the child's assistance with the minor has to conclude the proceedings and its results in conclusion. If, during the appointment of a child's assistance, a further procedure referred to in paragraph 1 of the first sentence is the same as minors, the order of the child's assistance shall be extended to the end of this further procedure until the end of this further procedure. Procedure.

(6) The Federal Ministry of Justice and the Office, which has made the name of the children's assistance known, can revoke the naming of a child's support for important reasons. If such a reason exists, the Court of First Instance shall have to be unveiled and ordered another one under the conditions laid down in paragraph 1. "

2. According to § 207e the following § 207f shall be inserted with title:

" Entry into force and transitional provision to the Federal Act BGBl. I No 137/2009

§ 207f. § 104a in the version of the Federal Law BGBl. I n ° 137/2009 will enter into force on 1 July 2010. '

Article 2

Amendment of the Code of Civil Procedure

The Civil Procedure Code, RGBl. N ° 113/1895, as last amended by the Federal Law BGBl. I No 75/2009, shall be amended as follows:

The following sentence shall be added to section 64 (3):

"The same applies to the exemption from the fee for the children's assistance."

Article 3

Amendment of the Court Fees Act

The court fee law, BGBl. No. 501/1984, as last amended by the Federal Law BGBl. I No 75/2009, shall be amended as follows:

1. In § 2 Z 1

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

(b) in the lit. i replaced the line point by a dash and the following half-sentence is added:

" for that in the tariff post 12 lit. h Z 1 procedures followed by notification of the order decision to the party, for which 12 lit in the tariff post. h Z 2 further proceedings after six months from the date of notification of the order decision or respectively after the end of the further twelve months; "

2. In § 28

a) the previous Z 9 is given the name "10." and

(b) the following Z 9 shall be inserted after Z 8:

" 9.

in the case of an order for children according to § 104a of the external road, each party; however, the minor shall not be subject to any obligation to pay; "

3. In tariff post 12

a) receives the previous lit. h the letter name "(i)" and

(b) the following lit. h inserted:

Subject matter

Scale for the fee measurement

Level of charges

" h)

Procedure according to § 104a of the External StrG:

1.

for the first six months from the order of one or more children's councings

400 Euro per party

2.

for each further twelve months of proceedings commenced

another 250 euro per party "

(c) the following note 8 is added after note 7:

" 8.

The obligation to pay the flat-rate fee according to 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 lifted on the basis of a legal means, the fee paid shall be refunded. "

4. In Art. VI the following Z 37 is added after Z 36:

" 37.

§ § 2, 28 and the tariff post 12 lit. i and h together with note 8 in the version of the Federal Law BGBl. I n ° 137/2009 will enter into force on 1 July 2010. § 31a is based on the Federal Act BGBl. I n ° 137/2009 to apply newly measured fee levels in tariff post 12, together with Note 8, subject to the condition that the basis for the redetermination of the underlying amended fee amount was to be applied in March 2009. Index number of the 2000 consumer price index published by the Bundesanstalt Statistik Austria. "

Article 4

Amendment of the Judicial Supervision Agency-Law

The Justice Support Agent Act, BGBl. I n ° 101/2008, shall be amended as follows:

1. In § 2

(a) the following sentences are added:

" The Justice Care Agency is also entitled to conclude contracts for the provision of children's counseling. There is a duty to fulfil the obligations arising from these contracts. "

(b) shall be inserted in accordance with paragraph 5 (5a) and (5b):

" (5a) The Office of Justice shall also be entitled to conclude contracts for the provision of experts whose specific expertise is not available within the judicial system, but which is more complex or particularly extensive. It is appropriate to conclude investigations or judicial proceedings. There is a duty to fulfil the obligations arising from these contracts.

(5b) Contracts referred to in paragraph 5a shall be concluded on a temporary basis. "

(c) shall be referred to in paragraph 7 after the turn of " BGBl. I No 108/1997, " the twist " the third section (§ § 10 to 14) of the Labour force transfer law, BGBl. Nr.196/1988," inserted.

2. In § 5 (1), after the word order "pursuant to § 2" the phrase " 2 " inserted.

3. In § 30

(a) the previous destination shall receive the sales designation "(1)" and

(b) the following paragraph is added:

" (2) § 2 para. 5, 5a and 7 as well as § 5 paragraph 1 in the version of the Federal Law BGBl. I n ° 137/2009 will be 1. Jänner 2010 in force. Section 2 (5b) enters into force with 1. January 2014 in force; at this time already existing contracts remain upright. "

Article 5

Final provisions, entry into force and enforcement

1.

In the case of all personal names, the chosen form applies to both sexes.

2.

Art. 2 (amendment of the Code of Civil Procedure) enters into force on 1 July 2010.

3.

The Federal Minister of Justice is responsible for the enforcement of this federal law.

Fischer

Faymann