Order of parental custody in case of endangerment of the child's welfare

The family court may issue orders and intervene in custody if the physical, psychological or mental well-being of a child is endangered and the parents with custody rights are not willing or able to put a stop to this risk to the child's well-being.

In the event of an intervention in custody, only those areas of parental care may be withdrawn whose withdrawal is necessary to avert the risk to the child's welfare.

If parts of the custody are withdrawn, a guardian is appointed for the areas. If custody is withdrawn in its entirety, the child is assigned a guardian.

Requirements

Pursuant to Sections 1666 and 1666a of the German Civil Code (BGB), the family court can always take measures, up to and including deprivation of custody of the child, if the child's physical, mental or psychological well-being is at risk and the parents are unwilling or unable to avert the risk and this risk cannot be countered in any other way, including through public assistance. This must be a present danger to such an extent that it can be predicted that, if the circumstances continue unchanged, the child will almost certainly suffer considerable harm. Because of the parental educational priority, the child's well-being must be endangered in a sustained and serious manner. The proceedings are initiated by the competent family court ex officio, in particular on the basis of suggestions by the youth welfare office, which in turn acts on the basis of reports from neighbors, educators, teachers or relatives, for example.

What documents do I need?

• The family court decides which documents are required in the exercise of the so-called Amtsermittlungsgrundsatz (principle of official investigation).