Parental care Order in case of endangerment of the child's assets

If you become aware that a child's assets are at risk, in particular by their parents or one of their parents, inform the family court at the district court.

The family court may issue orders if a child's property is at risk and the parents with custody are unwilling or unable to avert the danger.

The order of the family court may, for .B, include the following (list is not exhaustive):

  • Submission of a list of the child's assets by the parents
  • Accounting for the management of assets
  • Withdrawal of the child's money only with the permission of the family court
  • Deprivation of custody of assets (in whole or in part)

If parts of the custody of the assets are withdrawn, a caregiver is appointed for the areas.

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

none

Preconditions

If a child's property is endangered and the parents with custody or one of the parents are unwilling or unable to stop the danger, the family court may issue orders. This is e.B. the case if the child's money has been embezzled.

The procedure can be initiated at the request of a parent (a special form is not prescribed) or by official means, in particular through notifications by the Youth Welfare Office or reports from neighbours, educators or relatives.

Related Links

  • §§ 151 et seq. of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • § 1666 Civil Code (BGB)
  • § 1667 Civil Code (BGB)

The proceedings before the family court are initiated ex officio, in particular by complaints by the Youth Welfare Office or reports from neighbours, educators or relatives.

  • The family court determines the situation and may, for example.B. order that the parents submit a list of the child's assets and invoice them through the administration.
  • This list of assets must be correct and complete, as the parents must insure.
  • If the list is not drawn up correctly, the family court may order that the list be drawn up by a competent authority or by a competent official or notary.
  • The order of the family court may also include.B. (list is not exhaustive):
    • Withdrawal of the child's money only with the permission of the family court
    • Deprivation of custody of assets (in whole or in part)
  • If parts of the custody of the assets are withdrawn, a caregiver is appointed for the areas.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
26.10.2020