Parental Custody Reform Act for Unmarried Parents
| Basic data | |
|---|---|
| Title: | Parental Custody Reform Act for Unmarried Parents |
| Abbreviation: | NEheSorgeRG (no official abbreviation) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | |
| Issued on: | April 16, 2013 ( Federal Law Gazette I p. 795 ) |
| Entry into force on: | May 19, 2013 |
| Last change by: |
Art. 594 Regulation of August 31, 2015 ( Federal Law Gazette I p. 1474, 1559 ) |
| Effective date of the last change: |
September 8, 2015 (Art. 627 of August 31, 2015) |
| Please note the note on the applicable legal version. | |
The law to reform parental custody of parents who are not married to each other (NEheSorgeRG) is a German federal law .
It was passed by the Bundestag on March 1, 2013 and came into force on May 19, 2013. It arose from an initiative of the federal government to implement the ECHR case law in the Zaunegger vs. Germany .
content
The law essentially relates to the possibility of access for the father who is not married to the child's mother to joint parental custody . The mother who has sole custody also has the opportunity to involve the father in joint custody. In addition, the father is given access to single care even without the mother's consent.
The NEheSorgeRG contains both substantive and procedural regulations.
Substantive law
The right of parental authority has been expanded in the Civil Code . According to § 1626a Para. 3 BGB new version, joint parental custody now arises through judicial transfer, except for the submission of matching declarations of custody or when the parents marry. The family court transfers joint custody if and to the extent that this does not contradict the best interests of the child (negative child welfare test). It is not necessary to positively establish that common custody is in the best interests of the child. It is necessary, however, to carefully weigh up all the circumstances that speak for and against the common concern.
Section 1671 of the new version of the BGB gives the father the option of a judicial review through which he can obtain sole custody against the mother's will. The new version no longer only regulates the case that parents with joint custody not only live temporarily apart and one parent applies for sole custody to be transferred, but also intervenes ifthe father applies for sole custody to be transferred to himselfwhen the mother is alone and the parents are separated . § 1672 BGB old version was repealed.
Procedural law
The procedure for transferring joint parental custody takes place in an accelerated, simplified procedure ( § 155 , § 155a FamFG ). If the mother is silent or if she does not provide any reasons that could speak against joint custody, and if the court is not otherwise aware of such reasons, there is a legal presumption that joint custody is not contrary to the best interests of the child. A comprehensive judicial review only takes place if it is necessary to protect the child. The mother who has sole custody of the child is also entitled to apply, as she can achieve joint custody with the child's father.
See also
Web links
- Text of the law on buzer.de
- Synopsis on the law on the reform of parental custody of parents who are not married to each other, German Institute for Youth Welfare and Family Law , 2013
- Heribert Prantl : New law on custody. The happiness of a father with a birth defect Süddeutsche Zeitung , January 31, 2013
Individual evidence
- ↑ Law on the Reform of Parental Care of Unmarried Parents DIP , accessed on February 1, 2018
- ↑ Draft law of the federal government for a law to reform parental care for parents who are not married to each other BT-Drs. 17/11048 of October 17, 2012
- ↑ § 1626a BGB new version (new version) in the version valid on May 19, 2013 buzer.de, accessed on February 1, 2018
- ↑ BGH, decision of June 15, 2016 - XII ZB 419/15
