Parental custody order in case of endangerment of the best interests of the child Unfortunately this specification of service has not yet been completely translated.
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, custody may be encenced. This always requires a family court decision. In the event of an interference with custody, only those areas of parental custody whose withdrawal is necessary for child welfare development may always be withdrawn. If parts of the custody are withdrawn, a nurse will be appointed for the areas. If custody is withdrawn as a whole, the child is given a guardian.
In order to interfere with custody, either an application by a parent is necessary or a notification from the Youth Office, reports from neighbours, educators or relatives for information justifying the withdrawal of custody even without application or suggesting the transfer of custody to a parent from the point of view of the best interests of the child.
Often a parent applies for sole custody of the offspring and thus seeks the family court (a special form is not prescribed), because in principle parental custody is of course the responsibility of both parents. In the other cases, the procedure is initiated by means of official channels, in particular by means of complaints from the Youth Office. Throughout the custody proceedings, the parents are closely monitored and the Family Court provides a comprehensive overview of the child's family situation, including experts and expert opinions as required. As a rule, the Family Court acts on the parties involved, so that the parents reach an agreement out of court and work out a solution in favour of the child (also with the Youth Office). However, if the healthy development of the child is endangered and there is a suspicion of a child's well-being, in custody proceedings, quick decisions must be taken (urgent procedures, for example for the surrender of the child and exclusion of the child) which often do not allow a common solution. 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 parents.