
Parental custody if both parents do not agree
Many people wonder whether the Court can order alternate custody (custody) of minor children when one parent does not consent. A large number of people, including attorneys, say no. In my experience, however, it is possible, as long as of course the other necessary conditions exist.
In the case of proceedings concerning children, and therefore also that part of the divorce process in which the court considers issues concerning minors, the best interests of the child are paramount. Thus, if the circumstances of the case indicate that the children need the equal presence of both parents, or that permanent residence with only one parent will cause the child’s sense of security to be undermined, or it can be presumed that the other parent’s lack of consent is due to ambition, the court may rule on alternate custody even in the absence of the consent of one parent.
Of course, in order to demonstrate the existence of the aforementioned grounds, it is necessary to carry out an appropriate evidential procedure, most often with the participation of experts from the Forensic Expert Panel (OZSS), formerly: RODK.
If you are interested in more detailed information on this topic, I invite you to contact me.