Custody - applying for transfer and withdrawal

• § Section 1671 of the German Civil Code (BGB) (transfer of sole custody if the parents are separated)
• §§ Sections 151 et seq. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) (Proceedings in Childhood Matters)
• § Section 1666 of the German Civil Code (BGB) (Judicial measures in the event of endangerment of the child's welfare)

None

• The other parent agrees or
• the transfer of custody to only one parent of the child is in the best interests of the child.

If custody is withdrawn ex officio:

• On the basis of concrete evidence, there appears to be a serious risk to the child's welfare and
• the parents are unwilling or unable to avert this danger.

• court fees
• if applicable: lawyer's fees, costs of a guardian ad litem, costs of an expert witness

The family court decides on the bearing of costs at its reasonable discretion.

Legal aid can be applied for in cases of need.

In divorce proceedings, the court responsible for the divorce also decides on custody if one parent applies for custody to be transferred. In this case, the matter is part of the divorce proceedings.

A parent can also apply for custody to be transferred without divorce proceedings. This is possible if the parents are not only temporarily separated.

Parents can agree on who should be awarded custody. The family court will then usually grant the application for custody.

However, a child over the age of 14 can object to this agreement.

If the parents disagree, the court will examine which solution is in the best interests of the child. First, a hearing is scheduled.

The parents and the child and other parties involved are heard (separately). The family court judge obtains a comprehensive overview of the child's family situation.

The court may also involve experts for this purpose.

The results of the hearing and, if applicable, the expert's recommendation are incorporated into the court's decision.

Note: The court can appoint a guardian ad litem for the minor child. This person also represents the child's interests vis-à-vis the parents.

Young people aged 14 and over can appeal against a decision independently.

The family court can also withdraw custody ex officio. In most cases, such proceedings are initiated on the basis of suggestions or information from third parties (e.g. the youth welfare office or persons close to the child).

The processing time depends on the individual case.

None

Appeal pursuant to §§ 58 ff. FamFG against the family court decision within one month

Forms available: No

Written form required: Yes

Informal application possible: Yes

Personal appearance necessary: No

In connection with a divorce: the local court - family court - that deals with the divorce proceedings,

otherwise: the local court - family court - in whose district the child usually resides.

Note: In certain cases, a different court may also have jurisdiction. You should therefore seek advice from a lawyer.