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The Court ruling does not imply any automatic mechanism for child custody after divorce disputes
"In its ruling the Constitutional Court of Austria follows the judgement of the European Court of Human Rights. The federal government is called upon to define more clearly under which circumstances custody of common children should be granted to which parent", stated Minister for Women’s Affairs Gabriele Heinisch-Hosek in a first response to today’s press conference of the Constitutional Court.
"The Constitutional Court stated very clearly that this ruling was by no means a mandate to the legislator to enforce shared parenting even in conflict cases. Essentially, it gives unmarried fathers the right to seek custody of the child – even against the will of the mother. We have been aware of the need to adopt rules for these cases for quite some time", said Heinisch-Hosek.
"We are pushing ahead with new legislation which will promote the welfare of children and support parents to avoid fighting and hurting one another, while putting the interests of their children first. Today’s ruling fits very well into the bigger picture of our task ahead", concluded the Minister for Women’s Affairs.
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