Application for surrender of the child injunction provisional Unfortunately this specification of service has not yet been completely translated.

Personal care includes the right to demand the surrender of the child from anyone who withholds it from the parent or a parent.

Personal care includes the right to demand the surrender of the child from anyone who withholds it from the parent or a parent. This right may be invoked before the Family Court. If there is an urgent need, this may be done in the proceedings of interim measures.

Documents used to establish the alleged facts, e.B. an affidavit

No

Preconditions

  • Applicants are persons who hold the right of residence for the child.

Related Links

  • Section 1632 Of the Civil Code (BGB)
  • Section 1666 Of the Civil Code (BGB)
  • Section 49 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • Section 151 et seq. Act on proceedings in family matters and in matters of voluntary jurisdiction (FamFG) Childhood

You apply for an injunction for the surrender of the child at the competent district court - Family Court.

  • You must substantiate the request and make the conditions for the injunction credible, e.B. by submitting an affidavit on the alleged facts.
  • It is first at the discretion of the district court, in this case: the Family Court, whether it decides on the application for interim measures after prior oral proceedings or in written proceedings without oral proceedings. In most cases, the other side is also given the opportunity to comment before making a decision.
  • The court must hear the parents and the youth welfare office and in most cases also the child. This hearing can only be waived for serious reasons. This not only serves the right of the persons concerned, but also enables the court to obtain a personal impression of the parties involved.
  • If the decision has been given without oral proceedings, it may be regularly requested to give a further decision on the basis of oral proceedings before the Family Court.
  • If the defendant fails to comply with the request, the court may order coercive measures to surrender the child to the competent bailiff. This can lead to the search of the apartment and the help of the police.

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Last update or date of publication
10.11.2020