Family court

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There are also family courts outside of Germany, where they often have completely different functions than in Germany.

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This article deals with the family court. For the television series of the same name, see The Family Court .

Family Court is to § 23b of the German Judicature Act (GVG) since 1976 a division of the district court that the decision of family matters is competent.

In accordance with Section 170 (1) sentence 1 of the GVG, revised by the FGG-RG of December 17, 2008 and entered into force on September 1, 2009, all negotiations, discussions and hearings in family matters are not public. The court can, however, admit the public if none of the parties involved expresses an opposing will, Section 170 (1) sentence 2 GVG. Pursuant to Section 173 (1) of the GVG, the public only needs to be admitted for the announcement of the final judicial decision in matrimonial matters and family disputes. Since the FamFG came into force on September 1, 2009, this has been a court decision in family matters in accordance with Section 38 (1) FamFG . Other family matters are both negotiated non-publicly and the final decision is non-publicly announced.

Contrary to the representation in some TV show decides always a single judge or a single judge without lay judges would be involved. A trial reporter can only serve as a family judge one year after his appointment. Nächsthöhere instance is a Civil Division of the Oberlandesgericht , referred to as the Senate for family matters or family Senate.

Introduction and reform

The first law to reform marriage and family law introduced family courts as a new instance in 1976 and bundled the competences for family matters, in particular divorce and consequential matters. The previous fragmentation of the divorce proceedings between the regional court ( divorce ), the district court ( maintenance ) and the guardianship court ( custody of the children) was lifted.

A reform of family law , which came into force on September 1, 2009 with the introduction of a new law , changed the competences of the family court. Since then, all disputes over separation and divorce have been tried by a Grand Family Court . This court is also responsible for proceedings relating to the custody of minors, adoption or protection against violence that have previously been heard before the guardianship or civil court .

See also

• Cochemer model

Individual evidence

1. ↑ Peter Borowsky: "Social liberal coalition and internal reforms: marriage and family law" in: Information on political education (Issue 258), Federal Agency for Political Education
2. ↑ http://www.tagesschau.de/wirtschaft/bundestag82.html ( Memento from September 8, 2008 in the Internet Archive )

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