Great-grandparents, siblings, aunts, and uncles can care for children who cannot be cared for by their parents. The Constitutional Court has now ruled that the current legal priority of foster parents and grandparents and subsidiary of youth care is too limited.
The Civil Code (ABGB) regulates who gets custody of children if parents cannot: in the first place grandparents or foster parents. Only if no one from this group qualifies can other suitable persons be consulted. That can also be great-grandparents, uncles or aunts – but the legal priority of foster parents and grandparents and subsidiary of youth care stands in the way.
Child welfare is insufficiently taken into account
The Supreme Court (OGH) saw this rigid hierarchy as insufficiently taking into account the well-being of the child and asked the Constitutional Court to revoke the law. And the Supreme Court followed this legal view, acknowledging that the legislature had “too narrowly” drawn the circle of those who should receive custody rather than other suitable persons, as “Die Presse” reported in its Monday edition.
“In any new regulation, the legislature must ensure that in addition to the previously privileged persons (other parents, grandparents, foster parents), siblings, aunts, uncles, great-grandparents and other suitable members of the (social) family can also be entrusted if that is in the best interests of the child.” The repeal will take effect at the beginning of October 2024.
Source: Krone
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