Federal Act Amending Law Relating to Children (Children's Law Amendment Act) , 15 March 1989
Annual Review of Population Law 16: 105
1989
ISSN/ISBN: 0364-3417 PMID: 12344034 Document Number: 378854
Among other things, this Austrian Act provides the following with respect to the law relating to parents and children: 1) in cases where both parents have been given joint custody of a child and one of the parents has died or disappeared or custody has been withdrawn from that parent, the other parent has full custody; 2) in cases where one parent has custody and that parent dies or disappears or custody has been withdrawn, the court will determine whether the other parent should have sole custody or custody with others, or whether the grandparents should be given custody; 3) parents lacking full legal capacity have no right or duty to represent or manage the estate of their child; 4) the status of children born in marriage and children born outside of marriage is generally to be the same; 5) the legal representative of a child born outside of marriage has the responsibility to establish the paternity of the child, unless such establishment would be detrimental to the well-being of the child; 6) paternity is established through acknowledgement or a court decision; 7) acknowledgement is effected by means of a sworn statement and can be opposed by either the mother or the child within 1 year of being made aware of litigation if the paternity of the child has already been established, proper forms have not been followed, the acknowledgement is unclear, or a person without legal capacity has made the acknowledgement; 8) a person who has made an acknowledgement can contest it on the grounds that it was made through deception, error, or fear, or on the ground of existence of circumstances denying paternity; he can bring such a suit within 1 year of discovery of these grounds; 9) a mother has custody of her child born outside of marriage, and rules about the support and custody of children born inside and outside of marriage are in general to be the same; 10) a court can give the unmarried parents of a child joint custody when they live together in a lasting household, request joint custody, and such custody would not be detrimental to the child; 11) upon separation, either of these parents can be given custody of the child; 12) an unmarried father has a right to have a personal relationship with his child and to be heard with respect to important measures taken relating to the child; 13) the minority of a child ends at age 18, but can be extended to age 21 by a court because of the delayed development of the child; 14) custody can be withdrawn from parents who endanger the well-being of their child; 15) if no relatives or other appropriate close persons can be given custody, a court is to give custody to the youth welfare services, which are to transfer custody to 3rd persons; and 16) the opinion of children is to be heard in procedures relating to their care and custody. Further provisions of the Act deal with the rights of parents with respect to children who have been withdrawn from their custody, the role of the youth welfare services, the duties of foster parents, and guardianship. When the legal representative of the child agrees in writing, the youth welfare services can be authorized to act as attorney in matters of establishing paternity and implementing support claims.