Can a parent living separately be prohibited from communicating with the child?
Both parents have the legal right and obligation to raise their children, and they are jointly responsible for the child’s upbringing and development, including ensuring the child’s health, education, and moral guidance. All matters related to the upbringing of the child should be decided by mutual agreement between the parents. However, if the parents are unable to reach an agreement, the issue must be resolved through the court.
Even when parents live separately, both retain the right and responsibility to maintain communication with the child and participate in their upbringing. The parent with whom the child resides cannot prevent the other parent from engaging in communication or participating in the child’s upbringing. Parental responsibilities are equally shared by both the mother and father.
Both Lithuanian courts and the European Court of Human Rights emphasize that for a child’s healthy development, it is essential that both parents provide support and care. This ensures the child understands that both parents are equally important in their life, available, and flexible to meet their needs, particularly during critical moments.
The court encourages parents to independently agree on suitable communication arrangements that meet the child’s needs. If this is not possible, the court will establish communication rules that prioritize the child’s interests and ensure the arrangements are practical and enforceable.
Under Article 3.65 of the Civil Code, the court can implement temporary protective measures before reaching a final decision. This may include prohibiting one parent from having contact with the child if there is a significant risk to the child’s welfare.
The parent requesting the restriction must demonstrate the potential harm that communication could cause to the child and provide supporting evidence. It is important to note that while the court may restrict physical contact, it does not prohibit remote communication, such as phone calls or video chats.
The minimum level of contact with a parent is determined based on the child’s emotional state, sensitivity, and expressed preferences. In specific cases, contact with a parent may be temporarily or permanently restricted, particularly if the parent is abusive, has substance misuse issues, or poses a health risk to the child.
If there are no circumstances justifying such a restriction, the court will establish a communication arrangement that allows the child to maintain a relationship with the parent they do not live with.
When establishing communication arrangements, the court may introduce a transitional period during which the child and the parent will communicate under the supervision of a psychologist. This process begins with the court’s decision and continues until the psychologist provides a report confirming that the parent-child interaction can proceed without the psychologist’s presence.
After initial meetings, the psychologist will assess the interactions and social bond between the parent and child, offering a conclusion about the feasibility of continuing communication without further professional supervision.
If the psychologist recommends continuing supervised meetings, they will provide observations and guidelines for ongoing communication. This is aimed at strengthening the parent-child relationship, directing communication in a positive direction, and ensuring smoother interactions between the parent and child.
