Apply for the surrender of the child by way of a temporary injunction
Description
Personal custody includes the right to demand the surrender 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 the proceedings for a preliminary injunction.
- Eligible applicants are persons who are holders of the right to determine the child's place of residence.
Documents that serve to substantiate the alleged facts, e.g. an affidavit
- Legal expenses
- If applicable, costs for the appointed lawyer
- depending on the individual case
Note: Applications for a preliminary injunction are treated as expedited proceedings in court.
Contact the family court.
None
The application for a temporary injunction for the surrender of the child must be submitted to the competent district court - family court.
- You must substantiate the application and substantiate the requirements for the order, e.g. by submitting an affidavit of the alleged facts.
- It is initially at the discretion of the district court, in this case the family court, whether it decides on the application for a preliminary 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 express its views before making a decision.
- The court must hear the parents and the youth welfare office and, in most cases, the child as well. This hearing may be dispensed with only for serious reasons. This not only serves the rights of those affected, but also allows the court to get a personal impression of the parties involved.
- If the decision was made without an oral hearing, it can usually be requested afterwards to make a new decision on the basis of an oral hearing before the family court.
- If the defendant does not comply with the request, the court may order coercive measures to surrender the child to the competent bailiff. This can lead to a search of the apartment and the help 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.
The text was automatically translated based on the German content.
