responsibility finder
Schleswig-Holstein

Parental custody order in case of endangerment of the child's property

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

The Family Court may make orders when a child's property is at risk and the custodial parents are unwilling or unable to avert the risk.

The Family Court's order may include, for example, the following (list is not exhaustive):

  • Filing of an inventory of the child's assets by the parents
  • Accounting for the management of the assets
  • Withdrawal of the child's money only with the permission of the family court
  • Withdrawal of property custody (in whole or in part)

If parts of the property custody are withdrawn, a guardian is appointed for the areas.


Process flow

The proceedings at the family court are initiated ex officio, in particular through notifications by the youth welfare office or also notifications by neighbours, guardians or relatives.

  • The family court investigates the facts of the case and can, for example, order the parents to submit a list of the child's assets and to give an account of their administration.
  • This inventory of assets must be correct and complete, and the parents must affirm this.
  • If the inventory is not correctly prepared, the family court may order that the inventory be taken by a competent authority or by a competent official or notary.
  • The Family Court's order may include, for example (list is not exhaustive):
    • Withdrawal of the child's money only with the permission of the family court.
    • Withdrawal of property custody (in whole or in part)
  • If parts of the property custody are withdrawn, a guardian is appointed for the areas.
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.

Competent authority

the local competent district court pursuant to § 152 FamFG

Requirements

If a child's assets are at risk and the custodial parent or one parent is unwilling or unable to stop the risk, the family court can make orders. This is the case, for example, if money belonging to the child has been misappropriated.

The proceedings can be initiated at the request of one of the parents (no special form is prescribed) or ex officio, in particular through reports by the youth welfare office or also reports from neighbours, educators or relatives.

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
  • Attorney's fees, if applicable.
  • The family court shall decide on the bearing of costs in accordance with equitable Discretion.
What deadlines do I have to pay attention to?

None

Processing duration

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures.

Legal basis
Appeal

Complaint pursuant to §§ 58 et seq. FamFG against the family court decision within one month

Applications / forms

none

  • Information on the topic of endangering children's assets on the website of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
Author

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

15.09.2020

Process flow

The proceedings at the family court are initiated ex officio, in particular through notifications by the youth welfare office or also notifications by neighbours, guardians or relatives.

  • The family court investigates the facts of the case and can, for example, order the parents to submit a list of the child's assets and to give an account of their administration.
  • This inventory of assets must be correct and complete, and the parents must affirm this.
  • If the inventory is not correctly prepared, the family court may order that the inventory be taken by a competent authority or by a competent official or notary.
  • The Family Court's order may include, for example (list is not exhaustive):
    • Withdrawal of the child's money only with the permission of the family court.
    • Withdrawal of property custody (in whole or in part)
  • If parts of the property custody are withdrawn, a guardian is appointed for the areas.

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.

Competent authority

the local competent district court pursuant to § 152 FamFG

Requirements

If a child's assets are at risk and the custodial parent or one parent is unwilling or unable to stop the risk, the family court can make orders. This is the case, for example, if money belonging to the child has been misappropriated.

The proceedings can be initiated at the request of one of the parents (no special form is prescribed) or ex officio, in particular through reports by the youth welfare office or also reports from neighbours, educators or relatives.

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
  • Attorney's fees, if applicable.
  • The family court shall decide on the bearing of costs in accordance with equitable Discretion.

What deadlines do I have to pay attention to?

None

Processing duration

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures.

Legal basis

Appeal

Complaint pursuant to §§ 58 et seq. FamFG against the family court decision within one month

Applications / forms

none

  • Information on the topic of endangering children's assets on the website of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth

Author

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

15.09.2020

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