Suspension of parental responsibility

A court may suspend a parent’s parental responsibility over a child, not as a sanction, but to safeguard the best interests of the child.

A court will suspend parental responsibility if the parent is prevented from performing it by serious circumstances (e.g. long-term serious illness, absence from the family) and if it can be considered necessary in accordance with the best interests of the child. Suspension of the exercise of parental responsibility will not affect the exercise of the duty to maintain and support the child.

In the case of a minor parent who does not have full legal capacity, the exercise of parental responsibility is suspended by law until they acquire full legal capacity. This does not apply to the exercising of the right to care for the child, unless a court, having regard to the personality of the parent, decides that the exercise of this right and duty is also suspended.

If a court decides to limit a parent’s legal capacity, it will also decide on their parental responsibility. The exercise of parental responsibility of a parent whose legal capacity has been restricted in this area is suspended for the period of the restriction of legal capacity, unless the court decides, in view of the personality of the parent, that the parent retains the duty and right to care for the child and to have personal contact with the child.