Apply for the surrender of the child by way of a temporary injunction
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 an interim injunction.
- The persons entitled to file an application are those who have the right to determine the child's residence.
Documents which serve to substantiate the alleged facts, e.g. an affidavit
- Court costs
- if applicable, costs for the appointed lawyer
None
- case-by-case
Note: Applications for an interim injunction are dealt with on an expedited basis as summary proceedings before the court.
Contact the family court.
You can apply for a temporary order for the return of 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 a prior oral hearing 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 dispensed with for serious reasons. This not only serves the right of the persons 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 subsequently 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 compulsory measures to hand over the child to the competent bailiff. This may go as far as a search of the home and the assistance of the police.
- § 1632 of the German Civil Code (BGB)
- § 1666 of the German Civil Code (BGB)
- §§ 49 et seq. Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- §§ 151 et seq. of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) – Matters relating to children
Senator for Justice and Constitution of the Free Hanseatic City of Bremen.
29.09.2020
The text was automatically translated based on the German content.
