The application for a temporary order to surrender the child must be submitted to the competent local court - family court.

• You must give reasons for the application and substantiate the requirements for the order, e.g. by submitting an affidavit of the alleged facts.
• It is initially at the discretion of the local court, in this case the family court, whether it decides on the application for a temporary injunction after a prior oral hearing or in written proceedings without an oral hearing. In most cases, the other party is also given the opportunity to make a statement before a decision is made.
• The court must hear the parents and the youth welfare office and in most cases also the child. This hearing can only be dispensed with for serious reasons. This not only serves the rights of the parties concerned, but also enables the court to gain a personal impression of the parties involved.
• If the decision has been made without an oral hearing, an application can regularly be made for a new decision to be made on the basis of an oral hearing before the family court.

• If the respondent does not comply with the request, the court can order coercive measures to hand over the child to the responsible bailiff. This can lead to a search of the home and the assistance of the police.