Regulation of parental rights and obligations in respect of a child, the so-called Cochem model

The Cochem Model is a method for the regulation of parental rights and obligations for the period after divorce that is not yet widely known in our region. Its name originates from the German town of Cochem-Zell, where it began to be implemented in practice approximately 25 years ago. It can be stated that its application in Slovakia is currently in its infancy, given that the informative interrogation of parents is guided by a specialized, qualified senior court officer, of whom there are relatively few at present. However, a positive aspect is that it is increasingly being utilized in divorce proceedings of marriages involving minor children.

The primary objective of the Cochem practice is to alter the approach toward parents and children when resolving parental conflict within guardianship proceedings. The State should intervene in family life as minimally and effectively as possible, with the aim of assisting parents in reaching an amicable resolution. The main pillars are coordination, communication, and education, whereby the best interests of the child always remain the priority.

Please refer also to:

The right of acess of a parent to their child residing in another state

Regulation of parental access and child support where parents do not reside together

Child maintenance

The objective of the Cochem Model is for parents, during an informative interrogation at the court before a senior court officer acting as a family affairs coordinator, to reach an amicable agreement themselves regarding the future of their children, thereby avoiding a dispute of which the children are invariably the greatest victims. Correspondingly, the aim is to ensure that parents do not abdicate their parental responsibility by permitting a judge to decide upon matters concerning their children.

The informative interrogation of parents takes place in a courtroom, which imparts a sense of gravity to the event; however, in contrast to a conventional main hearing—which is highly stringent and wherein the judge rules authoritatively—the procedure is less formal and conducted in a more relaxed manner. It constitutes a dialogue between the parents, which is guided and managed by a court officer specifically trained in family law matters. The optimal outcome of this process is an agreement on the regulation of parental rights and obligations in respect of minor children for the period after divorce.

Where parents enter into a parental agreement, the entirety of the subsequent hearing proceeds in a more streamlined manner, given that both parties are apprised in advance and consent to the court decision, which bears a declaratory character. A further advantage is that the hearing will be scheduled sooner than would be the case had no agreement been reached. Nevertheless, such scenarios do arise in practice, in which event the senior court officer intervenes and proposes alternative courses of action, such as counseling with a psychologist, referral to a mediator, or simply a mutual face-to-face discussion between the parents.

The Cochem Model is predicated upon interdisciplinary cooperation. Professionals from the field of psychology or guardians ad litem are frequently present at the meetings of the parents. All participants make collective endeavors to identify the optimal resolution; however, they possess no authority to compel the parents, and their positions bear merely a recommendatory character. Yet, it is precisely at this juncture that the majority of parents recognize their exact objectives and realize that their conduct has been obscured by animosity, anger, or emotion.

Parents frequently lose sight of the fact that an agreement constitutes a superior alternative both for themselves and for their issue. Correspondingly, they display reluctance to undergo professional assistance during what is a difficult life circumstance for them. However, it is precisely within this framework that they are afforded the opportunity to assume responsibility themselves and refrain from permitting the court to adjudicate upon the destiny of their children, as it is the parents who possess the intimate knowledge of their children. Consequently, it is imperative that they appraise the entire matter from the perspective of an objective third party.

In leading jurisdictions, the Cochem Model of adjudication is well-established and exhibits numerous positive indicators; accordingly, it is the objective of the Slovak Republic to ensure that this model becomes the standard within our jurisdiction as well.