OGH on Child Contact Rights: Conflict Mediation and Parental Counselling

May 7, 2026 Benn-Ibler Rechtsanwälte

In a custody case addressing access rights, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to determine appropriate measures to protect the welfare of the child amid ongoing parental conflicts. Although several court-mandated and mutually accepted arrangements had been established, substantial difficulties continued regarding the implementation of the father’s contact with the child.

Conflict continues despite contact agreements

The parents originally consented to weekly visitations; however, these arrangements underwent multiple revisions. Despite these modifications, implementation difficulties persisted. As a result, the lower court directed the mother to comply with the existing arrangement and implemented further provisions to promote increased stability given the circumstances.

Visitation mediator: Support and mediation

To improve the implementation of the right of access, a visitation mediator was appointed in accordance with Section 106b of the Austrian Non-Contentious Proceedings Act (Außerstreitgesetz, hereinafter AußStrG). The mediator was tasked with mediating between the parents, assisting with the organisation and practical arrangements of contact, and supervising the handover and return of the child. Furthermore, the mediator has a reporting function to the court to facilitate further decision-making. However, a mediator cannot make independent binding arrangements regarding contact rights.

While this measure represents an infringement on parental autonomy, it is warranted when it upholds established arrangements and prioritises the best interests of the child.

Mandatory parental counselling to protect the child’s best interests

In addition, the OGH confirmed the obligation of both parents to participate in parental counselling pursuant to Section 107(3) of the AußStrG. The background to this was that the ongoing conflict was already having a negative impact on the contact situation and, according to expert opinion, the parents’ lack of ability to communicate and cooperate could pose a risk to the child’s best interests.

Mandatory counselling is intended to help improve parental communication and, in the long term, create a more stable basis for the exercise of contact rights.

OGH 7Ob169/25s (21 January 2026)