BGH: If information is refused, a penalty payment can be imposed
Karlsruhe (jur). After a separation, the mother has to give the father information about the child they live with. If she violates this right to information, a penalty payment or alternatively compulsory custody can be ordered to change the mother's mind, the Federal Court of Justice (BGH) in Karlsruhe decided in a decision published on Friday, April 7, 2017 (file number: XII 245/169 ).
This means that a mother from Bernau near Berlin has to pay a penalty of 100 euros or, alternatively, go into custody for two days. She had refused to give her ex-partner information about the health status of the child together.
In the course of the separation, the Brandenburg Higher Regional Court (OLG) obliged them to send the father a current photo every quarter, as well as photos of special celebrations such as birthdays or school enrollments. In addition, the OLG required the mother to provide the father with information about the child's state of health in the form of medical certificates every six months. Otherwise, she was threatened with a fine or, alternatively, a prison sentence.
When the woman did not provide information about the child's state of health, a fine of 100 euros or alternatively two days' imprisonment was imposed.
In its decision of March 15, 2017, the BGH confirmed that the mother had to provide information about the child together under the law. This right to information has been regulated anew since the Law on the Reform of Childhood Law of December 16, 1997. According to this, in principle every parent could "request information about the child's personal circumstances, provided this does not contradict the child's best interests".
Here the mother violated this duty. However, the OLG formally incorrectly set a fine. Ordinance would have the character of a sanction and would also be enforced "if the act, toleration or omission to be enforced can no longer be carried out due to the passage of time".
Here, however, the mother should not be sanctioned, but encouraged to provide the information. This can be achieved by imposing a periodic penalty payment or imprisonment. The BGH therefore finally decided that the woman had to pay a penalty of 100 euros, otherwise there would be two days of imprisonment. This is proportionate and appropriate. fle