Child surrender interim injunction Application

In the context of the so-called personal care of a child, the parents or caregivers with custody have not only the care, upbringing and supervision but also the duty and a right to determine the whereabouts of the child. Especially in the case of separation or divorce, parents easily get into an argument about this and seek clarification in court.

With regard to the child, the family judge will not wait for the final conclusion of a procedure in case of acute problems in concern and contact. The family court may issue an interim injunction in custody proceedings if immediate intervention is urgently required to protect the child. In addition, interim injunctions for the surrender of children may be considered.

In any case, interventions of this kind are preceded by the fact that the best interests of the child are endangered for example, because parents abuse their custody or neglect the children and that this danger cannot be countered otherwise.

Hint: For advice and application, it is advisable to seek the help of a lawyer.


Persons who have custody of the child are entitled to apply.

Related Links

  • § 1632 Civil Code (BGB)
  • § 1666 Civil Code (BGB)
  • §§ 49 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
  • §§ 151 et seq. act on proceedings in family matters and in matters of voluntary jurisdiction (FamFG)
  • § 42 Eighth Social Code (SGB VIII)
  • It is initially at the discretion of the family court whether it decides 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 welfare office possibly also the child. This hearing can only be dispensed with for serious reasons. This not only serves the right of the persons concerned, but also enables the court to get a personal impression of the parties involved.
  • If the decision has been given without an oral hearing, it can usually be requested that a new decision be taken on the basis of an oral hearing before the family court.
  • If the interim injunction orders the return of the child to a parent, the appeal is admissible.

Enforcement of a child surrender

If the defendant does not comply with the request, the court may order coercive measures to surrender the child to the competent bailiff. This can lead to a search of the home and the violent intervention of the police.

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