Parental custody order in case of endangerment of the child's property
Description
The Family Court may make orders when a child's property is at risk and the custodial parents are unwilling or unable to avert the risk.
The Family Court's order may include, for example, the following (list is not exhaustive):
- Filing of an inventory of the child's assets by the parents
- Accounting for the management of the assets
- Withdrawal of the child's money only with the permission of the family court
- Withdrawal of property custody (in whole or in part)
If parts of the property custody are withdrawn, a guardian is appointed for the areas.
If a child's assets are at risk and the custodial parent or one parent is unwilling or unable to stop the risk, the family court can make orders. This is the case, for example, if money belonging to the child has been misappropriated.
The proceedings can be initiated at the request of one of the parents (no special form is prescribed) or ex officio, in particular through reports by the youth welfare office or also reports from neighbours, educators or relatives.
The family court decides in the exercise of the so-called Amtsermittlungsgrundsatz which documents are required.
- Court fees
- Attorney's fees, if applicable.
- The family court shall decide on the bearing of costs in accordance with equitable Discretion.
None
At least 3 months due to the prescribed procedure, possibly longer in more complex procedures.
Complaint pursuant to §§ 58 et seq. FamFG against the family court decision within one month
At https://www.justizadressen.nrw.de/de/justiz/suche you will find the local courts responsible for you with further contact options and service times.
The proceedings at the family court are initiated ex officio, in particular through notifications by the youth welfare office or also notifications by neighbours, guardians or relatives.
- The family court investigates the facts of the case and can, for example, order the parents to submit a list of the child's assets and to give an account of their administration.
- This inventory of assets must be correct and complete, and the parents must affirm this.
- If the inventory is not correctly prepared, the family court may order that the inventory be taken by a competent authority or by a competent official or notary.
- The Family Court's order may include, for example (list is not exhaustive):
- Withdrawal of the child's money only with the permission of the family court.
- Withdrawal of property custody (in whole or in part)
- If parts of the property custody are withdrawn, a guardian is appointed for the areas.
Senator for Justice and Constitution of the Free Hanseatic City of Bremen
15.09.2020
The text was automatically translated based on the German content.
