Parental care Order in case of endangerment of the child's well-being

The proceedings are initiated by the competent family court ex officio, in particular on the basis of suggestions from the Youth Welfare Office, which in turn acts on the basis of reports from neighbours, educators, teachers or relatives, for example.

The family court may issue orders and intervene in custody if the physical, mental or spiritual well-being of a child is endangered and the parents with custody are unwilling or unable to put a stop to this endangerment of the child's well-being.

In the event of an interference with custody, only those areas of parental care may be withdrawn whose withdrawal is necessary to avert the risk to the well-being of the child.

If parts of custody are withdrawn, a nurse is appointed for the areas. If custody is withdrawn altogether, the child receives a guardian.

The family court decides in the exercise of the so-called official investigation principle, which documents are required.

None

Preconditions

According to §§ 1666, 1666a BGB, the family court can always take measures up to the deprivation of personal care if the physical, mental or emotional well-being of the child is endangered and the parents are not willing or able to avert the danger and this danger cannot be countered in any other way, not even by public aid. This must be a present risk to such an extent that it can be predicted that if the circumstances continue to develop, the child will almost certainly suffer significant harm. Because of parental parenting priority, the child's well-being must be permanently and seriously endangered. The procedure is initiated by the competent family court by official channels, in particular on the basis of suggestions by the Youth Welfare Office, which in turn acts on the basis of reports from neighbours, educators, teachers or relatives, for example.

Related Links

  • §§ 151 et seq. act on proceedings in family matters and in matters of voluntary jurisdiction (FamFG)
  • § 1666 Civil Code (BGB)
  • The proceedings are initiated by the family court ex officio, in particular on the basis of suggestions from the Youth Welfare Office, which in turn acts on the basis of reports from neighbours, educators, teachers or relatives, for example. The family court will determine the facts and, among other things, hear the parties involved and, if necessary, make further investigations, such as obtaining an expert opinion.
  • As a rule, the court appoints a so-called procedural counsel. This ensures that the needs of the child are secured during the procedure and that the child does not become the mere object of the procedure.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
10.11.2020