Divorce, power and children: a triangle of conflict that can repeat itself

After years of intense arguments in a divorce, many people hope that peace will return with the divorce. But peace does not come if one parent files an action for modification and wants to determine the children's interests differently.

Who is responsible for the subsequent amendment of the children's interests?

If the parents agree on the changes to be made or only disagree on the share of care and visiting rights, the KESB at the child's place of residence is responsible.

If the parents disagree about parental care, custody and/or child maintenance, they must file an action for modification of the divorce decree with the court. In this case, the final divorce decree can only be changed by means of an action for modification.

Which children's issues can be changed?

In principle, all child matters can be rearranged, in particular parental care, custody, visiting rights, cash maintenance and childcare maintenance, etc.

When can children's interests be changed retrospectively?

In general, a subsequent, significant and permanent change in circumstances is required.

Whether such a change reaches the intervention threshold is always assessed according to the best interests of the child. The stability and continuity of the existing arrangements are weighed against the effects of the changed circumstances. A modification is legitimate and necessary if maintaining the current arrangements would seriously jeopardize the child's welfare and the loss of stability and continuity through the modification is the lesser of two evils.