Clerk
As Amtspflegschaft was in German family law a special form of between 1 July 1970 and 30 June 1998 legal representation for a illegitimate child by the youth welfare office called.
As a result of the illegitimate law , mothers of illegitimate children were granted parental custody on July 1, 1970 . Before that, their children were generally under guardianship . However, by virtue of the law (Section 1706 BGB old version), the child received an official guardian at birth. This was the locally responsible youth welfare office that carried out the tasks according to § 55 SGB VIII had to be transferred to an employee. In common parlance, this employee was also often referred to as the clerk, although the function lay with the youth welfare office. The youth welfare office was monitored by the guardianship court .
The clerk had the following tasks:
- Determination of paternity (through acknowledgment of paternity or judicial determination of paternity )
- Assertion of the child's maintenance claims
- Assertion of inheritance claims against the deceased child's father (and other paternal relatives)
- Consent to name changes, declarations of marriage and adoptions .
Acknowledgment of paternity, maintenance obligation and name change (especially the stepfather's surname) were mostly notarized by the youth welfare office's own notaries (Sections 59, 60 of Book VIII of the Social Code), which resulted in no costs for those involved. Paternity and maintenance processes were carried out (at least in the first instance) by the employees of the youth welfare office themselves, which is why no lawyers' fees were due. The employees of the youth welfare office also filed criminal charges for breach of maintenance obligations in the case of defaulting maintenance obligations .
With the reform of child law , which abolished the distinction between legitimate and illegitimate children on July 1, 1998, the (statutory) official guardianship of the youth welfare office also ended. The successor organization is the (voluntary) assistance for minors (§§ 1712 ff BGB). The previous official guardianship, which in the end served more to support the child's mother than to provide social control, had become socially outdated.
Other guardianship , which - by the youth welfare office - is still managed today (mostly supplementary guardianship or fruit guardianship) are also referred to in common parlance as official guardianship.
See also
literature
- Helga Oberloskamp: Guardianship, guardianship and assistance for minors , 3rd edition 2010, ISBN 978-3-406-58184-7
