Supervision court

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The guardianship court is in Germany since the enactment of the law to reform the proceedings in family matters and in matters of voluntary jurisdiction (FamFG) that for childcare and housing affairs appointed legal age court. It used to be called the Guardianship Court .

The FamFG replaced the previous FGG and Book 6 of the ZPO on September 1, 2009 as a complete new codification . This also includes a reallocation of judicial responsibilities. In contrast to the supervision court, the responsibilities for affairs of minors have since been concentrated in the family court .

Before September 1, 2009, the Guardianship Court was responsible for the legal care of adults, accommodation in accordance with the respective state law on the accommodation of the mentally ill ( PsychKG ), for guardianship and guardianship for minors and for adoption procedures .

In Germany, the supervision court is a department of the local court , § 23c GVG . There judges (as single judges , called supervision judges ) or judicial officers decide . The Rechtspflegergesetz regulates the matters for which the Rechtspfleger is responsible in contrast to the judge. A special feature applied in the Württemberg part of Baden-Württemberg until January 1, 2018 : the responsible notary assumed the role of the supervisory court in accordance with Section 37 of the Baden-Württemberg State Law on Voluntary Jurisdiction ( old version)

See also

literature

  • Coeppicus: Factual questions of care and placement law . ISBN 3-17-016333-7 .
  • Fiala / Stenger: Approvals for supervision and guardianship . ISBN 3-89817-279-1 .
  • Labhun: Family Court and Guardianship Court . ISBN 3-88784-919-1 .
  • Meier / Deinert: Handbook of care law . 2nd Edition. Heidelberg 2012, ISBN 978-3-8114-5202-2 .
  • Probst: care and accommodation procedures . Berlin 2005, ISBN 3-503-08745-1 .
  • Franz Ryba: The upper guardianship in German law . Pfau, Berlin 1940. (Diss. Greifswald, 78 pp.)