Umgangsregelung für das Kind bei Gericht beantragen

• §§ 1684 und 1685 Bürgerliches Gesetzbuch (BGB), Viertes Buch – Umgang des Kindes mit den Eltern / mit anderen Bezugspersonen
• § 1909 BGB, Viertes Buch – Ergänzungspflegschaft
• §§ 151 folgend Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG) – Kindschaftssachen

If all attempts at mediation have failed to settle the parents' contact with the child amicably, each person entitled to contact has the possibility to file a court application for the settlement of contact.

With the involvement of the youth welfare office, the family court decides how contact with one parent and third parties should be organised. A decision that restricts a parent's right of access for a longer period of time or permanently can only be made if the welfare of the child would otherwise be endangered. Grandparents, siblings and other close relatives of the child have a right to contact with the child if this serves the child's best interests.

As a milder means to exclude access, it can also be considered that the relatives concerned are allowed to see the child in the presence of a third person. For example, a representative of the youth welfare service could accompany the visits as a mediator (accompanied contact).

Contact

Youth Welfare Office

According to the Child and Youth Welfare Act, those entitled to contact are entitled to counselling and support. The Youth Welfare Office (Jugendamt) provides free advice on questions concerning rights of access.

–> Jugendämter im Freistaat Sachsen
  Sächsisches Staatsministerium für Soziales und Gesellschaftlichen Zusammenhalt

legal representation of your choice

–> Anwaltssuche
  Rechtsanwaltskammer Sachsen

• If you are represented by a lawyer in court, your lawyer will tell you which documents and evidence must be enclosed with the application in each individual case.
• If you file the application yourself, the family court may ask you to submit the evidence and documents required in the individual case.

• One parent wants more contact or other times of contact.
• An agreement with the parent in charge is not possible.

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If you cannot come to an agreement with the other parent about contact with your child, it is advisable to first contact the Youth Welfare Office. If an amicable arrangement is not possible despite mediation, you can obtain a court decision as the parent entitled to contact.

• You can file the application for a contact arrangement with the court yourself. However, it is advisable to be represented by a lawyer to ensure that your rights are fully protected.
• The court will schedule a hearing within one month of the application being filed. Here the parents can express their wishes and concerns. The youth welfare office is involved and attends the hearing.
• As a rule, the court must also hear the child in the course of the proceedings. As a rule, a guardian ad litem is also appointed for the child as the child's "lawyer".
• Only if no agreement can be reached despite all efforts does the family court decide how contact with one parent or other persons should be arranged.

Contact guardianship (contact established through the mediation of a third person)

The court can order a supplementary guardianship (contact guardian). In this case, the father or mother must hand over the child to the appointed guardian so that he or she can establish contact with the other parent or with third parties.

The appointment of a contact guardian is also possible at the suggestion of the parties involved. Ideally, the parties concerned should agree on a trusted person themselves. The contact guardian discusses the contact arrangements with all parties involved (parents, child and, if applicable, third parties) and ensures that everyone adheres to the agreements.

The competent family court is responsible for appointing the contact guardian and later relieving him or her of his or her duties.

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Surrender of the child in case of refusal

If one of the parents permanently refuses to comply with the court-ordered contact, the court can oblige him or her to hand over the child. The claim can also be enforced by means of coercion. In such cases, it is also possible to withdraw custody of the child from the parent in charge if this is in the best interests of the child.

Application for regulation of contact at the family court