Service Finder
Application for surrender of the child by way of temporary injunction (summary proceedings)
Service Description
Personal custody includes the right to demand the return of the child from anyone who withholds it from the parents or one of the parents. This right can be asserted before the family court. If there is an urgent need, this can be done in proceedings for a temporary injunction.
Process flow
You can apply for a temporary order to surrender the child at the competent local court - family court.
- You must give reasons for the application and substantiate the conditions for the order, e.g. by submitting an affidavit on 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 prior oral proceedings or in written proceedings without an oral hearing. In most cases, the opposing 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 waived for serious reasons. This not only serves the right 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 then be regularly 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 may go as far as a search of the home and the assistance of the police.
Who should I contact?
Competent authority
The family court at the district court with local jurisdiction for you decides on the application for surrender of the child.
Requirements
- The persons entitled to file an application are those who have the right to determine the child's residence.
Which documents are required?
Documents that serve to substantiate the alleged facts, e.g. a sworn affidavit
What are the fees?
- Court costs
- If applicable, costs for the appointed attorney at law
What deadlines do I have to pay attention to?
None
Processing duration
- Depends on the individual case
Note: Applications for a temporary injunction are treated as expedited proceedings in court.
Legal basis
- § 1632 German Civil Code (BGB)
- § Section 1666 of the German Civil Code (BGB)
- §§ Sections 49 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- §§ Sections 151 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) - Child Custody Matters
Applications / forms
- Appeal within two weeks pursuant to sections 57 s. 2 no. 2, 58 et seq. FamFG if a decision on an urgent application for surrender of the child to the other parent was made on the basis of oral discussion.
Appeal
None
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Migration, Justice and Consumer Protection
Professionally released on
24.08.2022
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
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