Exclusion of Contact in Cases of Domestic Violence – The New Case Law
Exclusion of Contact in Cases of Domestic Violence: The New Case Law
How to Enforce Victim Protection in Family Law with the Istanbul Convention
The Problem: Forced Contact Endangers Child Welfare
Despite domestic violence, courts often force victims and children to have contact with the perpetrator – in the name of the child's welfare. This practice ignores the psychological and physical dangers and contradicts the Protection Against Violence Act. For those affected and their lawyers, this situation is unbearable.
The Solution: Your New Legal Basis for Argumentation
This expert lecture equips you with the crucial knowledge to successfully apply for the exclusion of contact. Use Article 31 of the Istanbul Convention as directly applicable law and the latest, groundbreaking case law from the BGH (Federal Court of Justice) and the Higher Regional Courts for your clients.
Lecture Content for Your Practice:
- Istanbul Convention vs. BGB (German Civil Code): How international law overrides national contact law and what this means for your applications.
- Current BGH Case Law: Detailed analysis of rulings that prioritize victim protection over the right to contact.
- Argumentation Guide: Specific wording and strategies to successfully apply for and enforce the exclusion of contact.
- Case Studies & Pitfalls: Learn from real cases which evidence is crucial and which mistakes you must avoid.
Who is this lecture essential for?
For specialist family law attorneys, judges, legal guardians for children in court proceedings, employees of youth welfare offices, and domestic violence protection organizations who want to update their legal expertise in protecting victims of domestic violence.
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