Elterliche Sorge - Anordnung bei Gefährdung des Kindeswohls
Mecklenburg-Vorpommern
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99126014088001, 99126014088001
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Typ 2/3
Inhalt
Begriffe im Kontext
- Geburt, Sorgerecht für Minderjährige, elterliche Pflichten, Vorschriften für Leihmutterschaft und Adoption, einschließlich Stiefkindadoption, Unterhaltspflichten für Kinder bei grenzüberschreitenden familiären Gegebenheiten
Fachlich freigegeben am
Fachlich freigegeben durch
- §§ Sections 1626 to 1698b of the German Civil Code (BGB), Book Four - Parental Care, thereof in particular Section 1666 of the German Civil Code (BGB)
- §§ Sections 151 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) - Proceedings in Matters of Parent and Child
If the physical, emotional or mental well-being of a child is at risk and the parents with custody are not willing or able to put a stop to this risk to the child's well-being, custody rights can be intervened in. This always requires a family court decision.
In the event of intervention in custody, only those areas of parental custody may be withdrawn whose withdrawal is necessary for a development conducive to the welfare of the child.
If parts of custody are withdrawn, a guardian is appointed for the areas. If custody is withdrawn in its entirety, the child is assigned a guardian.
- Application of one parent
- Notification of the Youth Welfare Office, reports from neighbors, educators or relatives on indications that justify the withdrawal of custody even without a petition or suggest the transfer of custody to one parent from the point of view of the child's welfare
- Court fees
- If applicable: Attorney's fees
The fees are determined according to the value of the proceedings as determined by the court.
Often, one parent applies for sole custody of the offspring and thus applies to the family court (no special form is required), because in principle, parental custody is of course the responsibility of both parents.
In other cases, the proceedings are initiated ex officio, in particular through notifications by the Youth Welfare Office.
Throughout the custody proceedings, the parents are closely monitored and the family court obtains a comprehensive overview of the child's family situation, also involving experts and expert opinions as required.
As a rule, the family court influences the parties involved so that the parents come to an out-of-court agreement and work out a solution together (also with the youth welfare office) for the benefit of the child.
However, if the child's healthy development is at risk and there is a suspicion that the child's well-being is at risk, quick decisions must be made in custody proceedings (summary proceedings, for example, to hand over the child and exclude access), which often do not allow a joint solution.
As a rule, the court appoints a so-called guardian ad litem. This ensures that the needs of the child are safeguarded during the proceedings and that the child does not become a mere object of the parents.