"Delaying the process"

Bitter custody dispute: father now gives up

Otto P. with lawyer Clemens Gärner in an interview with "Krone"(Bild: Reinhard Holl)

For years, a Viennese man has been fighting for his son, who lives with the child's mother in Vorarlberg. The accusation is that the judges in the west are delaying the proceedings.

With tears in his eyes, Otto P. (name changed) wipes his smartphone in the office of his Viennese lawyer Clemens Gärner. He is saddened by the photos of his son.

Heartbreaking message from his son
The four-year-old drew a picture to show his dad how much he likes him - the father proudly showed it to him at the interview appointment.2 The child is the victim of a merciless custody dispute, but P. doesn't have much say in the court.

Heartbreaking message from the boy to his dad on Father's Day.(Bild: G. Pilz)

600 kilometers distance
The 53-year-old is currently obliged by the Bregenz district court to look after his son every week from Thursday to Saturday, but he is not allowed to leave the province of Vorarlberg. Mr. P. is a businessman and lives in eastern Austria. The distance between Vienna and Bregenz is 600 kilometers. If he does not exercise his right of contact, the court has threatened him with a penalty of 500 euros each time. Not even a visit on Father's Day was approved by the court.

The mother has sole custody
The mother has sole custody of the boy. While the child's father has never been allowed to go on vacation with the little one, the ex-partner has done so several times. The little boy also suffers from polycystic kidney disease. "I've been asking her for the results for a year," says P.

Back in January 2023, he applied to the Bregenz District Court for a right of contact compatible with his job. "No decision has yet been made on this, it hasn't even been negotiated," explains lawyer Clemens Gärner.

Costs rise while mother receives legal aid
"No matter which judge is responsible for us, no decision is made, but everything is outsourced to expensive experts," criticize the lawyer and client. The costs increase while the mother receives legal aid. Now the father gives up with a heavy heart.