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Parental custody order in the event of a risk to the welfare of the child
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
The family court may make orders and intervene in custody if the physical, psychological or mental welfare of a child is endangered and the parents with custody rights are not willing or able to put a stop to this endangerment of the child's welfare.
In the event of an intervention in custody, only those areas of parental custody may be withdrawn whose withdrawal is necessary to avert the risk to the child's welfare.
If parts of the custody are withdrawn, a guardian is appointed for the areas. If custody is withdrawn in its entirety, the child is assigned a guardian.
- The proceedings are initiated by the family court ex officio, in particular on the basis of suggestions by the youth welfare office, which in turn takes action, for example, on the basis of reports from neighbours, educators, teachers or relatives. The family court will investigate the facts of the case and, for this purpose, hear the parties involved and, if necessary, carry out further investigations, such as obtaining an expert opinion.
- As a rule, the court appoints a so-called guardian ad litem. This ensures that the needs of the child are safeguarded during the proceedings and that the child does not become a mere object of the proceedings.
Who should I contact?
At https://www.justizadressen.nrw.de/de/justiz/suche you will find the local courts responsible for you with further contact options and service times.
the local competent district court pursuant to § 152 FamFG
Pursuant to §§ 1666, 1666a of the Civil Code, the Family Court can always take measures, including the withdrawal of custody of the child, if the child's physical, mental or psychological well-being is at risk and the parents are unwilling or unable to avert the risk and this risk cannot be countered in any other way, including through public assistance. This must be a present danger to such an extent that it can be predicted that, if conditions continue unchanged, the child will almost certainly suffer considerable harm. Because of the parental primacy of upbringing, the best interests of the child must be permanently and seriously endangered. The proceedings are initiated by the competent family court ex officio, in particular on the basis of suggestions by the youth welfare office, which in turn acts on the basis of reports from neighbours, educators, teachers or relatives, for example.
Which documents are required?
The family court decides in the exercise of the so-called Amtsermittlungsgrundsatz which documents are required.
What are the fees?
- Court fees
- if applicable: lawyer's fees, costs of a guardian ad litem, costs of an expert.
- The family court decides on the bearing of costs at its reasonable discretion.
- In case of indigence, legal aid can be applied for.
What deadlines do I have to pay attention to?
At least 3 months due to the prescribed procedure, possibly longer in more complex procedures.
Appeal pursuant to §§ 58 et seq. FamFG against the family court decision within one month
Applications / forms
Information on the topic of endangering the well-being of children on the website of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
The text was automatically translated based on the German content.
Technically approved by
Senator for Justice and Constitution of the Free Hanseatic City of Bremen
Professionally released on