Child's release of interim injunction application

In the context of the so-called personal care for a child, the parents or carers with the custody of the child have the duty and the right to determine the whereabouts of the child in addition to the care, education and supervision. Especially in the case of separation or divorce, parents easily get into a dispute about this and seek clarification in court. With regard to the child, the family judge will not wait for the final conclusion of a trial in case of acute problems in the case of acute problems in care and handling. The Family Court may issue an interim injunction in custody proceedings if immediate intervention is urgently required to protect the child. In addition, interim measures for the release of children may be considered. In any case, interventions of this kind precede the danger of the child _ for example, because parents abuse their custody or neglect the children _ and that this danger cannot be countered otherwise. Note: For advice and application, it is recommended to seek the assistance of a lawyer.

The persons who have custody (personal custody) for the child are entitled to apply.
It is first of all at the discretion of the Family Court whether to decide on the application for interim measures after prior oral proceedings or in written proceedings without oral proceedings. In most cases, the other side is also given the opportunity to comment before making a decision. The court must always hear the parents and the youth ministry _ possibly including the child. This hearing can only be waived for serious reasons. This not only serves the right of the persons concerned, but also enables the court to obtain a personal impression of the parties involved. If the decision has been given without oral proceedings, it may be regularly requested to give a further decision on the basis of oral proceedings before the Family Court. If the injunction orders the surrender of the child to a parent, the appeal is admissible. Enforcement of a child's release If the defendant fails to comply with the request, the court may order coercive measures to surrender the child to the competent bailiff. This can lead to the search of the apartment and the violent intervention of the police.