Contact between separated parents and children is often fraught with hurdles anyway. Especially in times of pandemic. But vaccination and testing should not be made a condition.
The Corona pandemic alone is not a reason to deny access to the custodial parent. Nor can it be readily obliged to be tested and vaccinated. About a corresponding judgment of the Nuremberg Higher Regional Court (Az: 10 UF 72/21) informs the working group family right of the German lawyer association (DAV).
In this particular case, the 14 and 16 year old children live with the father, who has sole custody. His divorced wife is under care due to mental illness. Since the beginning of the Corona pandemic, her ex-husband refused to allow her to see their children and required her to take a Corona test each time before meeting her children.
The mother turned to the court. That ruled that she could have supervised contact with her children once a month without a testing requirement. The father appealed.
To no avail. The pandemic does not justify suspending contact. The father did not identify a specific increased risk justifying such a restriction. The mother was also under no obligation to be tested. In principle, testing could only be required under certain conditions, such as Covid 19-typical symptoms or contact with infected persons. Furthermore, the father could not make contact dependent on the mother being vaccinated.
Source: bee-seeks-stork.com / dpa
- The judgment is dated 12. April 2021.
- Corona Test Kit: Alexandra_Koch - pixabay.com