Warendorf practice

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The Warendorf practice in the Warendorf district is a procedure for support before, during and at the end of family law proceedings that affect the child 's well-being, especially in the case of separation and divorce ( custody , access regulations, child surrender, violence protection proceedings ).

aims

The goals are similar to those of the Cochem model , with the Warendorf practice placing the well-being of the child at the center of the mediation efforts. As with the Cochem model, arguing parents should be enabled to continue to exercise their sole and inseparable parental responsibility themselves, instead of leaving this responsibility to experts who only accompany the families. Parents should be enabled to discuss their child's fundamental concerns with one another. The aim is to reach an amicable out-of-court settlement between the parents.

This is done through:

  • Development of a cooperation concept for all professional actors from the fields of youth welfare, family justice, lawyers
  • Early intervention in the separation and divorce conflict combined with the requirement to work out solutions together with those affected
  • Agreement of binding procedural rules in the process, based on the principles of advisory work and the court procedural requirements (FamFG)
  • Creation of structures for the long-term cooperation of the above-mentioned actors, in particular also connected with the claim to further develop the common concept of cooperation (quarterly working group)
  • Consideration of pathological and violence-motivated behaviors in the context of family when developing solutions and protection

An important characteristic of the Warendorf practice is the continuous development process. The working group therefore meets regularly for further development.

Creation of the Warendorf practice

The initiators of the Warendorf practice were Wolfgang Rüting, head of the district youth welfare office in Warendorf , and Andreas Hornung, then a family judge at the Warendorf district court , now a judge at the Hamm Regional Court , 3rd Family Senate. In 2006, the employees of the public and free youth welfare , the family judges as well as specialist lawyers for family law and procedural advisers in the Warendorf district met for the first time and dealt with the problem of separation and divorce conflicts.

There was general agreement on the goal:

"Affected children and young people need to be protected and strengthened in their rights and interests, as well as accompanying them in resolving conflicts."
date Development steps
since 2006 Development of the concept
2009 Presentation of the flyer
2010 Development of the guidelines for the procedure in cases of domestic violence in addition to the "Warendorfer Praxis"
2011 Development of a standardized feedback form for counseling / mediation
2011 Conference "Focus on the child"
2012 Formation of the working group "Child in View"
2012 Formation of the working group "Accompanied handling of domestic violence"
2013 Start of the evaluation process

Involved

Basically, all professions are involved depending on the type and handling of the procedure. The participation of the procedural advisor should be emphasized at an early stage.

Working method

Right from the start, all the experts involved in the development agreed that a different assessment of the cases and procedures is necessary. While the Cochem model treats all procedural cases in a similar way, a differentiation is made in Warendorf practice: a clear distinction is made between so-called standard procedures and the so-called risk procedures that involve a significant risk to the child's welfare.

The standard procedures are usually custody or access procedures without any recognizable significant risk to the child's best interests. In these cases the principle of “finishing instead of straightening!” Applies.

The hazard procedures must be distinguished from this . In principle, there are applications for complete or partial withdrawal of parental custody or a report of suspected endangerment of the child's welfare (for example, proceedings under the Violence Protection Act). Here, faster and more effective child protection has priority. Core elements of the Warendorf practice:

  1. Attempt to reach an out-of-court settlement taking child protection into account.
  2. If an out-of-court solution fails: Concise, non-aggravating application in the standard procedure, extensive and detailed written notification of the "important indications for the endangerment of the well-being of a child or young person" within the meaning of § 8a SGB VIII in the endangerment procedure.
  3. In the standard procedure and in the hazard procedure, the first appointment is earlier within two to three weeks from receipt of the application.
  4. Oral report from the youth welfare office in the early first appointment.
  5. Early hearing and inspection of the child concerned.
  6. In the normal procedure in the first oral hearing, working towards an amicable solution. If the parents do not agree, suspension of the procedure for out-of-court recourse to counseling or mediation services. Development of a standardized feedback form for independent organizations to the youth welfare office and court.
  7. Discussion of the child's welfare endangerment with all those involved in the first appointment in the endangerment procedure The family court draws the parents' attention to youth welfare measures and the possible consequences of their rejection. If no solution can be found in the first hearing, the family court regularly appoints the child to legal counsel.
  8. In the endangerment procedure, no suspension of the procedure, but further evidence collection, v. a. through a family psychological or, if there is a suspicion of illness, a specialist psychiatric report on the parents' ability to raise their children. Important: Immediate deadline for submitting an expert opinion.
  9. End of procedure: In the standard procedure, an agreement between the parties involved is recorded. If an agreement cannot be reached in the standard procedure despite consultation or if there is a risk procedure, the family court decides at the end of the procedure after a second hearing on the basis of a renewed hearing through a contentious decision.
  10. Regular review of the result.

literature

  • Hans-Christian Prestien, Andreas Hornung: Options for intervention and action by the judiciary in cooperation with youth welfare and others . Forum 4: Child protection by court. In: Documentation for the symposium "Shaping Child Protection Together" April 4, 2008 Gelsenkirchen Science Park. 2009. 82-97.
  • Andreas Hornung, Wolfgang Rüting: The law to facilitate measures under family law when the child's well-being is at risk (KiWoMaG) . Cooperation between youth welfare and justice. The Warendorf practice. In: The active youth welfare office in family court proceedings, working group for specialist conferences on youth welfare in the German Institute for Urban Studies (publisher). Current contributions to child and youth welfare. 2009, 73-84.
  • Andreas Hornung, Wolfgang Rüting: Cooperation between youth welfare and family courts - the Warendorfer practice . In: Institute for social work eV (Ed.): ISA yearbook on social work. Waxmann Verlag. Muenster. 2009. 86-104.
  • Andres Hornung, Wolfgang Rüting: Cooperation between youth welfare and justice - the Warendorfer practice. In: LWL-Landesjugendamt Westfalen. Youth welfare current. 2009. 2 - 10.
  • Landesverband Westfalen-Lippe (Ed.): Separation and divorce advice on the basis of the FamFG. A working aid for practice. Muenster. 2011.
  • Wolfgang Rüting, Andreas Hornung, Birgit Kaufhold: The focus is on the well-being of the child. Procedures according to the Warendorf practice. In: early Childhood 2/11, pp. 26–34.

Web links

Individual evidence

  1. ^ Page of the Warendorf district .
  2. ↑ Wolfgang Rüting, Andreas Hornung, Birgit Kaufhold: The focus is on the well-being of the child. Procedures according to the Warendorf practice. In: early Childhood 2/11, pp. 26–34. 2011.
  3. ↑ Kreis-warendorf.de. Retrieved February 28, 2014 .
  4. ^ Birgit Kaufhold: The Warendorfer practice. Interview with Andreas Hornung - judge at the OLG Hamm. In: Papa-Ya 5/2013, No. 24, pp. 12-16.
  5. ↑ Kreis-warendorf.de. (No longer available online.) Formerly in the original ; accessed on February 28, 2014 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.kreis-warendorf.de  
  6. ↑ Wolfgang Rüting, Andreas Hornung, Birgit Kaufhold: The focus is on the well-being of the child. Procedures according to the Warendorf practice. In: early Childhood 2/11, pp. 26–34. 2011.