Applying for withdrawal of parental authority in the event of a threat to the child's property
Description
The family court can issue orders if a child's property is endangered and the parents with custody are unwilling or unable to avert the danger.
The order of the family court may include, for example, the following (list is not exhaustive):
- Submission by parents of a list of the child's assets
- Accounting for the management of assets
- Withdrawal of the child's money only with the permission of the family court
- Deprivation of custody (in whole or in part)
If parts of the custody of assets are withdrawn, a caregiver is appointed for the areas.
If a child's property is endangered and the parents with custody or one of the parents are unwilling or unable to stop the danger, the family court may issue orders. This is the case, for example, if the child's money has been embezzled.
The procedure can be initiated at the request of a parent (a special form is not prescribed) or through official channels, in particular through reports by the Youth Welfare Office or reports from neighbours, educators or relatives.
The family court decides in the exercise of the so-called official investigation principle, which documents are required.
- Court
- where applicable: lawyers' fees
- The family court decides on the bearing of costs at its equitable discretion.
None
At least 3 months due to the given procedure, in more complex procedures possibly longer
Appeal according to §§ 58 ff. FamFG against the family court decision within one month
Under 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 by reports by the youth welfare office or reports from neighbours, educators or relatives.
- The family court determines the situation and may, for example, order the parents to submit a list of the child's assets and submit an account of the administration.
- This list of assets must be correct and complete, the parents have to assure that.
- If the list is not drawn up correctly, the family court may order that the register be drawn up by a competent authority or by a competent official or notary.
- The order of the family court may also include, for example, (list is not exhaustive):
- Withdrawal of the child's money only with the permission of the family court
- Deprivation of custody (in whole or in part)
- If parts of the custody of assets are withdrawn, a caregiver 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.
06872 Lutherstadt Wittenberg
06886 Lutherstadt Wittenberg
Remark: It is not permissible to bring a legally effective action before a court, a public prosecutor's office or any other judicial authority of the state of Saxony-Anhalt by e-mail, to file applications, to lodge an appeal or to make other procedural declarations. In particular, no deadline is met! The delivery method by e-mail is therefore only suitable for non-form-bound messages. Further information on e-mail traffic and electronic legal transactions can be found under https://lsaurl.de/justizemail. The court's privacy policy can be found at https://lsaurl.de/agwbdsgvo.
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