Childhood matter
In German family law , the concept of child- related matters changed in meaning with the entry into force of the law on the procedure in family matters and in matters of voluntary jurisdiction (FamFG) on September 1, 2009. Previously, according to Section 640 (2) of the old version of the Code of Civil Procedure, this was understood to mean those procedures that are now called matters of parentage ( Section 169 of the FamFG), i.e. in particular matters of paternity determination and paternity contestation .
According to Section 151 of the FamFG, the proceedings assigned to the family court are now referred to as filing matters
- the parental authority ,
- the right of access ,
- child surrender,
- the guardianship ,
- the guardianship or the judicial appointment of another representative for a minor or for a womb ,
- the approval of the custodial placement of a minor ( § 1631b , § 1800 and § 1915 of the Civil Code)
- the arrangement of the custodial placement of a minor according to the state laws on the placement of the mentally ill or
- the tasks according to the Youth Courts Act
affect.
Childhood matters are family matters for which the district court is responsible as a family court. Sections 151–168a FamFG apply to proceedings in child- related matters .
These say for example:
- In matters relating to the child's stay, the right of access or the surrender of the child, as well as proceedings due to endangering the best interests of the child , the priority and expediency applies, i. This means that the first hearing should take place no later than one month after the start of the procedure ( Section 155 FamFG).
- In child-related matters relating to parental custody in the event of separation and divorce, the residence of the child, the right of access or the surrender of the child, the court should work towards an agreement of the parties in every stage of the proceedings, if this is not contrary to the best interests of the child. It points out the possibilities of advice from the counseling centers and services of the child and youth welfare organizations, in particular to develop an amicable concept for the exercise of parental care and parental responsibility. In appropriate cases, the court should point out the possibility of mediation or other out-of-court dispute resolution. It can order that the parents take part in counseling. The order cannot be challenged independently and cannot be enforced by means of coercive measures ( Section 156 FamFG).
- The court, the minor child in adoption cases involving his person an appropriate method counsel to order, to the extent necessary to protect his interests ( § 158 FamFG).
There is also the option of applying for advice and legal aid in accordance with Sections 76 to 79 of the FamFG in matters relating to children .
