Compulsory Enforcement of Visiting Rights Sample Clauses

Compulsory Enforcement of Visiting Rights. If a child capable of judgment categorically refuses contact, visiting rights must be excluded in the best interests of the child, “because contact forced against strong resistance is generally just as incompatible with the purpose of the right of contact as it is with a child’s personal rights” (BGE 126 III 219, 124 III 90, BGer 5A_745/2015, 5A_755/2015, 5A_459/2015, 5C.250 /2005, 5A_107/2007, 5A_367/2015). Even in the case of children who are incapable of judgement, contact forced against strong resistance is to be avoided with respect to the welfare of the child. If the child seriously refuses, it is not possible to enforce the established visiting right by force, especially since physical or psychological coercion may not be used as reasons for protecting the legal personality. The reasons for the refusal of the visits must be investigated. If the refusal is based on the child’s own experience (e.g. violence), this must be accepted (BGE 126 III 219, BGer 5C.250/2005). According to the case law of the Federal Supreme Court, if a child refuses, no customary visiting right is to be ordered, but in view of the fateful parent-child relationship, the child could nevertheless be expected to be granted a minimal visiting right. If the child consistently refuses, it is not possible to enforce the established visiting rights by force; other measures, such as the temporary suspension of visiting rights or other child protection measures, must be examined.
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Related to Compulsory Enforcement of Visiting Rights

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