Application for the surrender of the child by way of interim injunction (urgent procedure)

Personal custody includes the right to demand the surrender of the child from anyone who withholds it from the parents or one of the parents.

Personal custody includes the right to demand the surrender 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 the proceedings for interim measures.

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

None

Preconditions

  • Persons entitled to apply are persons who are holders of the right of residence for the child.

Related Links

  • § 1632 Civil Code (BGB)
  • § 1666 Civil Code (BGB)
  • §§ 49 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • §§ 151 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) Childhood Matters

The application for an interim injunction for the surrender of the child can be submitted to the competent district court - family court.

  • You must substantiate the application and make the conditions for the order credible, e.B. by presenting an affidavit about the alleged facts.
  • It is initially 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 an oral hearing. 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 dispensed with for serious reasons. This not only serves the right of the persons concerned, but also enables the court to get a personal impression of the parties involved.
  • If the decision has been given without an oral hearing, it can usually be requested that a new decision be taken on the basis of an oral hearing before the family court.
  • If the defendant does not comply with the request, the court may order coercive measures to surrender the child to the competent bailiff. This can lead to a search of the apartment and the help of the police.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
10.11.2020