Enforcement of child custody

A child’s parents can agree on matters involving the child’s custody, living arrangements and access to the child. The municipal social welfare board will confirm the parents’ agreement in such cases. Alternatively, if the parents are unable to reach a settlement by themselves, the matters will be resolved by a court order.

If a parent does not comply with a court order or an agreement confirmed by the social welfare board on the child’s custody, an application for its enforcement can be submitted to the district court. However, if less than three months have elapsed from the court order or confirmation of the agreement, the enforcement application can be filed with the enforcement officer of the child’s registered domicile, permanent residence or other place of residence.

The enforcement application is decided by the district court. In order to safeguard the enforcement of the custody decision, the court can also issue an interim preventive measure without hearing the opposing party.

If the court decides that the decision on the child’s custody must be enforced, the applicant’s opposing party is obligated to hand the child over to the applicant. The court can order the enforcement to be carried out either by obligating the opposing party to hand the child over under threat of a fine, or by ordering the authorities to collect the child. When ordering the enforcement of a custody decision, the court can also give the parties other binding orders necessary to safeguard enforcement and protect the child’s interests.

Unless otherwise specified in the order or stipulated by the court hearing the appeal, an enforcement order given by a district court can be implemented immediately even if it has been appealed.

Enforcement officer collects the child

The child will be collected by the enforcement officer. If the court orders the child to be collected, it must deliver the order to the appropriate enforcement officer upon the applicant’s request and instruct the enforcement officer to see to the enforcement of the order.

If the enforcement officer decided on the enforcement of custody directly on the basis of an application filed with the enforcement officer, the enforcement officer must collect the child if the order is not complied with. However, if the enforcement officer considers a conditional fine to be a more appropriate method of enforcement than collecting the child, the enforcement officer must refer the matter to the district court. The matter must also be referred to a district court if the circumstances have changed since the order was given and this could affect the enforcement, or if there is another justified reason for the referral.

A mediator or representative of the social welfare authorities must accompany the enforcement officer when they collect the child. The mediator or social welfare representative must invite someone close to the child to accompany them for the collection, along with a physician or other expert if required.

All measures directed at a child must be carried out as tactfully as possible and without upsetting the child. If a child has reached the age of 12 years, they may not be collected against their will. Neither may a child under 12 years old be collected against their will if the child’s level of development is sufficient for their opinion to be taken into consideration. Furthermore, if a child cannot be collected because of the child’s illness, upset state of mind or some other reason, the measure must be postponed.