Even in the case of young children, contact regularly includes overnight stays. In individual cases, however, the best interests of the child may require that only daytime contact be granted, at least for a transitional period, in order to allow the child to become accustomed to it.

The right of access is of considerable importance for the child and of course also for the entitled parent. In principle, contact with small children is also possible with overnight stays. However, contact must always be in the best interests of the child. Especially in the case of a longer break in contact and the alienation to be expected due to this, overnight contacts are to be prepared, according to the Senate. Factors such as the fact that the child does not yet know the household of the parent entitled to contact or has never spent the night outside the household of the parent in charge are also to be included in the assessment.

OLG Frankfurt a.M., 24.11.2020, 5 UF 110/20

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