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Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for withdrawal of parental authority in the event of a threat to the child's best interests

Description

The family court can issue orders and intervene in custody if the physical, mental or spiritual well-being of a child is endangered and the parents with custody are not willing or able to stop this endangerment of the child's welfare.

In the event of an interference with custody, only those areas of parental care may be withdrawn whose withdrawal is necessary to avert the endangerment of the child's welfare.

If parts of custody are withdrawn, a nurse is used for the areas. If custody is withdrawn altogether, the child receives a guardian.

According to §§ 1666, 1666a BGB, the family court can always take measures up to the withdrawal of personal custody if the physical, mental or emotional well-being of the child is endangered and the parents are not willing or able to avert the danger and this danger cannot be countered in any other way, not even by public assistance. This must be a present danger to such an extent that it can be predicted that the child will almost certainly suffer significant harm if circumstances continue to develop. Because of the parental primacy, the child's well-being must be permanently and seriously endangered. The proceedings are initiated ex officio by the competent family court, in particular on the basis of suggestions from the Youth Welfare Office, which in turn takes action, for example, on the basis of reports from neighbours, educators, teachers 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, costs of legal assistance, costs of an expert
  • The family court decides on the costs at its equitable discretion.
  • Legal aid may be applied for in cases of need.

At least 3 months due to the given procedure, in more complex procedures possibly longer

Appeal pursuant 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 are initiated by the family court ex officio, in particular on the basis of suggestions from the Youth Welfare Office, which in turn takes action, for example, on the basis of reports from neighbours, educators, teachers or relatives. The family court will investigate the facts of the case and, among other things, hear the parties involved and, if necessary, carry out further investigations, such as obtaining an expert opinion.
  • As a rule, the court appoints a so-called procedural adviser. This ensures that the needs of the child are secured during the proceedings and that the child does not become a mere object of the proceedings.

Senator for Justice and Constitution of the Free Hanseatic City of Bremen

The text was automatically translated based on the German content.

Authority
Amtsgericht Halle (Saale)
Thüringer Straße 16
06112 Halle (Saale), Stadt
06095 Halle (Saale), Stadt
0345 2200
0345 2205030

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/aghaldsgvo.

General (Does not apply to counselling assistance)
Monday 09:00 - 12:00
Tuesday 09:00 -12:00 and 15:00 -17:00
Wednesday 09:00 - 12:00
Thursday 09:00 - 12:00
Friday 09:00 - 12:00

Counselling assistance (only on the following days!)
Tuesday 09:00 - 12:00 and 14:00 - 17:00

Paying agent / court cashier
Monday 08:30 - 12:15 and 13:30 - 15:30
Tuesday 08:30 - 12:15 and 13:30 - 17:00
Wednesday 08:30 - 12:15 and 13:30 - 15:30
Thursday 08:30 - 12:15 and 13:30 - 15:30
Friday 08:30 - 12:00

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