Prove contact concretely.
Where children are involved, evidence structure matters. The clearer daily life, contact and responsibility are, the easier proportionality can be assessed.
Entry ban
Contact rights, custody and child support: evidence that matters in entry ban cases
Where children are involved, concrete evidence on care, contact, support and welfare matters for proportionality.
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Mag. Mirela Saric
Attorney at law · German and BCS
Mirela Saric assists clients in immigration matters with a clear structure: review the decision, secure deadlines, define the strategy and act quickly. She advises in German and Bosnian/Croatian/Serbian.
14 August 2026 · Mag. Mirela Saric, Attorney at Law
Contact rights, custody and support can matter in an entry ban case. The decisive point is not a general reference to family, but concrete proof of lived responsibility.
This article is an evidence-focused Detailfrage on Article 8 ECHR and the best interests of the child. The broader overview is the article on children and family in entry ban cases.
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Which relationship to the child needs proof?
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Which relationship to the child needs proof?
The answer shows which evidence should be organised first.
All paths at a glance
Overview of all answers.
Prove actual care.
Where children are involved, evidence structure matters. The clearer daily life, contact and responsibility are, the easier proportionality can be assessed.
Prove responsibility.
Where children are involved, evidence structure matters. The clearer daily life, contact and responsibility are, the easier proportionality can be assessed.
Show contact instead of only asserting it
Show contact instead of only asserting it
Useful proof includes contact calendars, messages, travel records, visit times, school appointments and contextual photos. A traceable pattern matters.
If the person concerned is a minor, the article on minors and the best interests of the child is the better starting point.
Prove custody and care concretely
Prove custody and care concretely
Court agreements, orders, school or kindergarten contacts and care plans show what responsibility exists in practice. Formal custody alone does not replace a lived relationship.
The proportionality assessment connects to family life under Article 8 ECHR.
Place support and child welfare into the balance
Place support and child welfare into the balance
Payment records, support in kind, crisis care and travel obstacles may matter. The immigration law focus remains how the entry ban affects the child in practice.
If an Austrian child is involved, the article on Article 20 TFEU and child welfare may also be relevant.
Practical point: Where children are involved, evidence structure matters. The clearer daily life, contact and responsibility are, the easier proportionality can be assessed.
Newsletter: Updates on entry bans, residence and immigration deadlines are available through the Brandauer newsletter.
FAQ
Frequently asked questions on this topic.
Is a birth certificate enough? +
No. It proves the family relationship, but not regular contact, care or the practical effect on the child.
Which documents are especially useful? +
Contact calendar, court agreements, school or kindergarten contacts, payment records and travel obstacles are often relevant.
Is this a family law article? +
No. Family law documents are evidence. The focus is proportionality of the entry ban under immigration law.
Further reading
Related topics and terms
Topics
Contact rightsCustodyBest interests of the childEntry ban
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