Child's access

In certain cases, the child may have the right to access other close family members such as his grandparents or his or her siblings, if this is considered to benefit the child.

This is the case, for example, if:

• one of the parents of the child is deceased.

• both parents of a child are deceased.

• the parent is unable to discharge his/her duty of contact with the child, e.g. due to illness or placement in an institution.

• the parent is significantly limited in contact with the child, e.g. due to residence abroad.

The child himself, close relatives of a deceased parent or others close to the child, may request that the District Commissioner take access proceedings and conclude them by a ruling or agreement as appropriate.

If a child is in foster care under the auspices of the child welfare committee, the child welfare committee shall decide on contact with the child.

When a District Commissioner receives a notification of a death stating that the deceased has a minor, he shall examine the relationship of the child with his or her close relatives or others close to him or her. The District Commissioner shall draw attention to the rights of the child and give the child and its parent or guardian an opportunity to attend a meeting of the District Commissioners at a specified time. The District Commissioner shall consult the child as required by the age and maturity of the child, as well as with the parent or guardian, and shall advise them on the contents of the right of access as provided for in paragraph 1 and on his or her legal implications. A child can make his or her own request for access.

A person who notifies the District Commissioner of the death and states that the deceased had a child or children under the age of 18 shall receive instructions on the above rules. The reverse of that document also requests that information be provided on the next of kin of the child and that information be sent to the District Commissioner. The request is made that this information be received by the District Commissioners within four months of the death.

The death notifier, if he/she is not a family member, is also requested to have this information passed on to the guardian or caregiver of the child.

Councillors' services

The services of the District Commissioner may be requested by calling or sending an e-mail to the relevant District Commissioner's office.

The Regulation on the Procedure of Cases under the new provisions has not been adopted. At this time, District Commissioner will not take the initiative to contact the guardian or guardian of a child, on the basis of paragraphs 2 and 3 of Article 46 b of the Children's Act.