Formal errors in contact agreements - why correct recording is crucial

OLG Frankfurt am Main, decision of 10 February 2025 - 6 UF 18/25

In a recent decision, the Higher Regional Court of Frankfurt am Main emphasised the importance of correctly recording a contact agreement. In the underlying case, the parents of a minor child had agreed on a contact arrangement before the family court. The settlement was dictated and approved in the closed session - but not, as required by law, played back in full or presented for review.

This formal error had far-reaching consequences: The Higher Regional Court cancelled the subsequent approval order and referred the entire proceedings back to the Local Court. Reason: Without proper recording, there is no effective court settlement. However, such a settlement is a prerequisite for court approval and possible enforcement of the contact arrangement.

The court made it clear that a settlement must be recorded in writing, read out or played back in full and approved by the parties involved - even in the case of an amicable agreement. If one of these steps is missing, the settlement is invalid. Simply recording it in the minutes as "dictated out loud and approved" is not sufficient.

What does this mean for you as parents or parties involved in family court proceedings?

In family court proceedings, it often happens that agreements are recorded in the dynamics of a court hearing without the formal requirements being fully observed. If, for example, a settlement is not correctly presented or submitted for review, this can affect the validity of the agreement - with the result that it is not enforceable or the proceedings have to be reopened.

Our claim: Formalities at a glance - legal certainty for you

As an experienced family law firm, we always ensure that all procedural requirements are met - especially when it comes to sensitive issues such as rights of access. We not only support you in terms of content, but also ensure that settlements are drafted and recorded in a legally compliant manner. This is the only way to ensure that your agreement is legally valid - and can be enforced if necessary.

Do you have questions about contact arrangements or family court proceedings? Feel free to contact us - we are here for you.

 

Dr Magdalena Dittmann
Lawyer
Specialist lawyer for family law