Contact

The decision on contact arrangements shall provide for the frequency and duration of contact; whether contact is regular (i.e. usually at weekends) or periodical (i.e. during the break); whether or not contact is supervised; where, when and how the child is to be received and returned by the parent; furthermore the handover and return of the personal documents of the child; the information obligation concerning missed contacts; and the make-up of missed contact.

However, even after the court has issued a decision regulating parental contact, it may still happen that the parent who is obliged to maintain contact does not deal with the child properly, does not fulfil his/her obligation to maintain contact, and may even endanger the minor or even abuse the child.

Breach of the obligation to maintain contact

The law stipulates that the person entitled or obliged to have contact with the child who, without due reason, prevents parent-child contact or violates the rules relating to it, shall be required to compensate for the damage caused to the other party.

In more serious cases, in order to take urgent action, it is possible to apply for a preventive restraining order under the Act on Restraining Orders in Cases of Violence between Relatives, which is decided by the court in a non-judicial procedure within three working days of receipt of the application. In this case, a restraining order may be issued for a maximum period of 60 days.

Please note that if contact arrangements are decided by the court, only the court may be requested to modify those arrangements.

The guardianship authority or, in a marital action or in an action for the settlement of parental custody, the court may, in the interest of the child, restrict or withdraw the contact rights of the parent or another person entitled thereto who was at fault.

Please contact our office if you have any questions about family law and contact matters.

Divorce can raise significant questions not only in personal life but also regarding the future of a business. This is particularly true when one spouse owns a company or when the spouses have built a business together during their marriage. In such cases, an important question arises: if the company is registered in only one spouse’s name, can the other spouse claim a share of its value?

The answer depends on several factors, including when and how the business interest was acquired, the period during which the spouses’ marital community of property existed, and whether joint marital assets were used to finance the business.

When transferring a high-value property, the key question is not only under which legal title the property can be acquired, but also what tax or duty consequences arise from the chosen legal arrangement. This is particularly relevant where the acquirer does not fall within the scope of persons exempt from inheritance or gift duty. This raises an important question: which legal arrangement – inheritance, gift, maintenance agreement, inheritance contract or trust – may result in the lowest duty burden?

Notice: This article does not constitute legal advisory services, and does not necessarily match the interpretation of the applicable laws by the authorities. This article is for general information only.

In today’s modern legal environment, the documented and professional examination of digital evidence, as well as the protection of devices and user accounts, has become increasingly important in legal disputes and proceedings.

Our firm’s cooperating partner in this field is Biztonság Akadémia Kft.

The professional expertise of our partner is provided by Tamás Durmics, an independent IT security expert and ethical hacker with more than 25 years of experience in information technology and security. His work focuses on documented and independent examination methodologies, as well as on presenting technical findings in a clear and comprehensible manner suitable for use in legal proceedings.

One of the most common situations giving rise to the greatest number of conflicts during probate proceedings is when the deceased dies without making a testamentary disposition. In such cases, the fate of the assets and debts is determined by the statutory order of succession under the Hungarian Civil Code. Although the rules are clear, a significant proportion of clients are not aware of the more important changes introduced by the Civil Code currently in force, particularly with regard to the rights of the surviving spouse or the extent of the compulsory share.

Under the rules currently in force, the general rate of personal income tax (PIT) is 15 per cent of the tax base. In everyday language, many people lump the different concepts together and simply call every case in which no tax is deducted from their gross salary a “tax exemption.” From a legal-dogmatic perspective, however, classical tax exemption must be sharply distinguished from tax allowances. While tax-exempt revenues do not form part of the tax base in the first place, the tax system also recognises different rules that result in a reduction of the private individual’s tax: these are tax allowances reducing the consolidated tax base.

A particular characteristic of personal income tax is that these tax allowances and tax exemptions may be claimed only against income falling within the consolidated tax base and the tax thereon, and exclusively up to that amount.