Law Blog
Source-based analyses with German as the canonical source and dedicated, versioned editions in every enabled language.
Concretisation or modification? What the holiday decision does to the annual scope
The existing order states three weeks per year. The later decision fixes specific holiday periods but leaves only two blocks with the father for 2026.
The 2026 holiday decision: the documented chain of reasoning without attributing motives
Several statements in the holiday decision build on each other: later court action, waiting, waiver, self-caused circumstances and finally only two holiday weeks.
Right to be heard in the holiday decision: which submissions were visibly addressed
The decision reproduces several requests and arguments by the father. For some points, however, there is a question whether decisive submissions were fully processed in the reasoning.
Article 296 CPC and the unresolved alternative holiday block in the 2026 decision
In child matters the court investigates the facts ex officio and is not bound by party requests in the usual way. The 2023 marital-protection decision states this expressly.
Second October week refused: what happened to the third holiday week
The decision refuses the second October week with the father. At the same time, only two holiday weeks with the father remain for 2026.
Three weeks in the order, two in the decision: comparing 21 and 14 days
The marital-protection order states three holiday weeks per year. The 2026 holiday decision fixes two holiday blocks with the father. The difference is seven days.
The alternative seven-day block for 2026: what was expressly requested before Jolanda Genton
The 26 August submission did not ask only for the second October week. It also contained an express alternative request.
Jolanda Genton: superprovisional urgency and the substantive holiday entitlement
The 3 August decision and the later holiday decision concern two different tests: immediate urgency and the annual scope of the holiday right.