Administrative court partially allows appeal against extended contact ban, ruling it violated duty of care.
Legislator-Zusammenfassung
KI-generiertThe administrative court declared the appeal against the initial contact ban groundless but found the extension of the ban unlawful due to insufficient investigation. The applicant argued that escalating parental disputes and police involvement justified the measures, while the opposing party contended the extension was necessary for the child's safety. The court ruled that although the initial ban was justified, the authority failed to adequately assess whether the contact ban should also be extended, violating the principle of due care.
Legislator-Regeste
KI-generiertArticles 8:81 and 8:86 Awb; The administrative authority must exercise due care when extending protective measures, requiring a specific assessment of whether the grounds for the initial measure also justify the extension of ancillary restrictions.