Parental custody order in case of endangerment of the best interests of the child
The Family Court may issue orders and intervene in custody if the physical, mental or mental well-being of a child is endangered and the parents with custody are unwilling or unable to put a stop to this risk to the welfare of the child. In the event of an interference with custody, only those areas of parental custody whose withdrawal is necessary to prevent the risk to the welfare of the child may always be withdrawn. If parts of the custody are withdrawn, a nurse is assigned to the areas. If custody is withdrawn as a whole, the child is given a guardian.
The Family Court decides in the exercise of the so-called official investigation principle which documents are required.
Pursuant to Sections 1666, 1666a of the German Civil Code (BGB), whenever the physical, mental or mental well-being of the child is endangered and the parents are unwilling or unable to avert the danger and cannot be countered by any other means, including public aid, the Family Court may take measures up to the deprivation of the personal care. This must be a present risk to such an extent that it can be predicted that, if the circumstances continue to develop in the child, there will almost certainly be significant injury. Because of the parental priority of parenting, the best interests of the child must be endangered in a sustainable and serious manner. The proceedings are initiated by the competent family court of official channels, in particular on the basis of suggestions from the Youth Office, which in turn acts on the basis of reports from neighbours, educators, teachers or relatives, for example.
The proceedings are initiated of the Family Court of its own motion, in particular on the basis of suggestions from the Youth Office, which in turn acts on the basis of reports from neighbours, educators, teachers or relatives, for example. The Family Court will investigate the facts, including hearing the parties involved and, if necessary, conducting further investigations, such as obtaining an expert report. As a rule, the court uses a so-called procedural assistance. This ensures that the child's needs are safeguarded during the procedure and that the child does not become the mere object of the procedure.