Where both parents have custody, the child’s entry into a church or religious society and the child’s departure from one require the consent of the other parent with custody. Section 167(2) of the Austrian Civil Code makes that consent relevant to the legal effectiveness of the representation.
The child’s wishes carry greater weight as the child becomes better able to understand the reasons and significance of the decision. Fixed age rules also apply: from the completion of age 12, a child may not be raised against their wishes in a denomination other than the previous one. Once the child has completed age 14, the choice of religious denomination belongs to the child.
This article addresses only the child’s religious affiliation and departure from a religious society where the parents have joint custody after separation. Other custody questions are outside its scope.
Child’s religious decision: which next step fits?
This short check combines joint custody, the child’s age and the consent that may be required.
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Do both parents have custody?
Choose the answer shown by the current custody order or agreement.
Overview of all answers.
Establish the custody status first
First identify the current custody order or agreement. Section 167(2) of the Austrian Civil Code links the special consent requirement to joint custody. Only then can it be assessed who may make the declaration and what consent is needed.
Clarify consent in a joint-custody case
With joint custody, the other parent’s consent is required for the child to join a church or religious society and for the child to leave one. The parents should also include the younger child’s wishes in the preparation according to the child’s understanding and ability to appreciate the decision.
Give the child’s wishes particular weight from age 12
In a joint-custody case, the other parent’s consent under section 167(2) remains a separate issue. In addition, section 5 of the Religious Education of Children Act provides that from the completion of age 12 the child may not be raised against their wishes in a denomination other than the previous one.
The child decides the denomination from age 14
After completing age 14, section 5 of the Religious Education of Children Act gives the child the decision about which religious denomination to follow. The joint-custody documents and the declaration should still be recorded carefully so that the responsible bodies work from the correct starting point.
Why joint custody triggers the consent requirement
Section 167(2) of the Austrian Civil Code contains a special rule for certain acts of representation. It includes joining a church or religious society and leaving one. If both parents have custody, the act requires the consent of the other parent with custody to be legally effective.
The parents’ separation does not by itself remove that statutory link. The current custody status is therefore the starting point. The complete order or agreement should be read before an application, departure or comparable declaration is made.
How the child’s wishes are taken into account
Under section 160(3) of the Austrian Civil Code, parents must take the child’s wishes into account in matters of care and upbringing unless the child’s welfare or the parents’ living circumstances stand in the way. The better the child can understand the reasons and significance of a measure, the more weight the wishes carry.
For a religious decision, this requires an age- and development-sensitive assessment. The conversation with the child should explain the concrete step and make the child’s own position visible. Simply pointing to the child’s age does not replace that assessment.
Which age rules govern the religious denomination
Section 5 of the Religious Education of Children Act protects the child’s wishes from the completion of age 12. From that point, the child may not be raised against their wishes in a denomination other than the previous one.
At the end of the fourteenth year, section 5 places the denomination decision with the child. Between ages 12 and 14, the joint-custody consent requirement and the specific protection of the child’s wishes operate alongside each other. From age 14, the child holds the decision about the denomination.
Treat entry and departure as the concrete act
Before a declaration is made, the planned act should be identified. Section 167(2) covers both entry into a church or religious society and departure from one. The label on a form or the date of an appointment does not replace the legal classification.
With joint custody, the other parent, the child and the responsible body should work from the same facts. Those facts include the previous denomination, the planned step, the child’s age and the consent or own decision that is relied on.
Which documents prepare the review
For an initial assessment, the current custody order or agreement, the child’s age, the previous denomination and the planned declaration are useful. Messages or drafts concerning consent should be kept in chronological order.
The precise question for the responsible religious society or authority should also be recorded. This makes it possible to assess separately which declaration is planned and whether the statutory requirements for representation or the child’s own decision are met.
Which rule governs the religious decision?
Custody, age and the child’s wishes lead to different review steps.
| Starting point | Legal point of reference | What to check first |
|---|---|---|
| Joint custody | One parent plans entry or departure | Consent of the other parent with custody under section 167(2) |
| Child under 12 | Child’s wishes and understanding of the measure | Prepare consent, declaration and an age-appropriate assessment together |
| Child from age 12 | Religious change against the child’s wishes | Section 5 protects the child’s previous position |
| Child from age 14 | Decision about the religious denomination | Record the child’s own decision and the responsible body’s requirements |
This overview is for initial orientation. The custody documents, age, wishes and concrete declaration remain decisive.
A useful order before the religious declaration
A clear sequence keeps statutory consent and the child’s wishes together.
Review custody
Read the order or agreement in full and record the current custody status.
Identify the act
Clarify whether the planned act is entry, departure or another specific declaration.
Assess age and wishes
Bring the age rule, the child’s understanding and the child’s position together factually.
Secure consent
Record the required consent or own decision and keep the documents organised.
Practical tip: Before the appointment, keep four points separate: current custody, planned act, the child’s age and position, and the required consent or own decision.
The child’s religious decision after separation
Do both parents always need to make a joint declaration after separation?
With joint custody, section 167(2) requires the consent of the other parent with custody for the child to join a church or religious society and to leave one. The responsible body’s exact declaration requirements must also be clarified.
What applies to the wishes of a child under 12?
Even for a younger child, parents must take the child’s wishes into account under section 160(3), unless the child’s welfare or living circumstances stand in the way. The relevant issue is how well the child understands the reasons and significance of the measure.
Can a child from age 12 change denomination against their wishes?
Under section 5 of the Religious Education of Children Act, from the completion of age 12 a child may not be raised against their wishes in a denomination other than the previous one.
Who decides after the child has completed age 14?
The child makes the denomination decision personally after completing age 14. The specific declaration and the responsible body’s documents should still be checked.
Does separation change the consent requirement?
Separation alone does not answer that question. The decisive point is whether both parents still have custody. With joint custody, consent under section 167(2) remains a separate issue.
Relevant next topics
Children, custody and contact
Foundations on child welfare, care and important decisions after separation.
Checklist for children, custody and contact
Organise documents and open questions before the next discussion.
Documents for the initial consultation
Prepare documents and a short chronology for legal review.
Documenting a custody arrangement
Set out daily life, holidays and joint decisions in an arrangement.
School and kindergarten after separation
Distinguish decisions under joint custody from the religious question.
Clarify your own case
Have the custody documents, the child’s age and the planned declaration assessed confidentially.