Application for surrender of the child by way of interim relief (summary proceedings) Unfortunately this specification of service has not yet been completely translated.

Personal custody includes the right to demand the return of the child from anyone who withholds it from the parents or one of the parents. This right can be asserted before the family court. If there is an urgent need, this can be done in proceedings for an interim injunction.

Documents which serve to substantiate the alleged facts, e.g. an affidavit


None

Preconditions
The persons entitled to file an application are those who have the right to determine the child's residence.
You can apply for a temporary order for the return of the child at the competent local court - family court. You must give reasons for the application and substantiate the conditions for the order, e.g. by submitting an affidavit on the alleged facts. It is initially at the discretion of the local court, in this case: the family court, whether it decides on the application for a temporary injunction after a prior oral hearing or in written proceedings without an oral hearing. In most cases, the opposing party is also given the opportunity to make a statement before a decision is made. The court must hear the parents and the youth welfare office and in most cases also the child. This hearing can only be dispensed with for serious reasons. This not only serves the right of the persons concerned, but also enables the court to gain a personal impression of the parties involved. If the decision has been made without an oral hearing, an application can regularly be made subsequently for a new decision to be made on the basis of an oral hearing before the family court. If the respondent does not comply with the request, the court can order compulsory measures to hand over the child to the competent bailiff. This may go as far as a search of the home and the assistance of the police.

Responsible for the content
Senator for Justice and Constitution of the Free Hanseatic City of Bremen.

Last update or date of publication
02.07.2021