Parents' agreement on custody, main residence and contact (Austria)
Published byDocMuse
This document is in German
The PDF you download is in German — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.
An agreement for separated or unmarried parents in Austria: who has custody (Obsorge), in whose household the children are mainly cared for, and the other parent's contact — regular contact, school holidays, public holidays, handovers, phone and video contact, travel. Under § 179 ABGB, the Austrian Civil Code, separated parents with joint custody conclude the agreement on the main residence before the court; this document prepares it. Unmarried parents can also establish joint custody in person before the registrar (§ 177 Abs 2 ABGB). In German.
What you fill in
The details the document asks for.
- Parent the children live with
- Academic degree of the parent the children mainly live with
- Date of birth of the parent the children mainly live with
- Address of the parent the children live with
- Parent with contact rights
- Academic degree of the parent with contact rights
- Date of birth of the parent with contact rights
- Address of the parent with contact rights
- Children
- Custody of the children
- Regular contact times (days, times, how often)
- Contact during school holidays
- Contact on public holidays and birthdays
- Picking up and bringing back the children (who, when, where)
- Phone and video contact between visits
- Other terms
- City
- Date
Preview
This document is produced for you. Your answers are typed into it and the finished PDF is yours to keep.
Common questions
- Must an agreement on custody and contact in Austria be made before a court?
- In part. Separated parents with joint custody must agree before the court in whose household the child is mainly cared for; giving one parent sole custody is also agreed before the court (§ 179 ABGB). Such agreements need no approval, but the court declares them ineffective where the child's welfare would otherwise be endangered (§ 190 Abs 2 ABGB). Whether a contact arrangement made only privately can be enforced is not settled; an agreement before the district court (Bezirksgericht) is safer.
- How do unmarried parents in Austria obtain joint custody?
- If the parents are not married when the child is born, the mother alone has custody at first. The parents can, however, declare together and in person before the registrar that both shall have custody; this can be done once, as long as custody has not been settled by a court, and either parent may revoke it within eight weeks without giving reasons (§ 177 Abs 2 ABGB). Where the child mainly lives and how contact works, the parents set down in this agreement as well.
- What does the right of contact cover in Austria, and does it include maintenance?
- The child and each parent have a right to regular personal contact suited to the child's needs (§ 187 ABGB). The agreement sets the days, holidays, public holidays, handovers and phone or video contact. Maintenance is separate: contact does not depend on whether maintenance is paid. An agreement on the amount of maintenance concluded before the court needs no approval and binds the parent who owes it (§ 190 Abs 3 ABGB).
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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