Antrag auf Herausgabe des Kindes im Wege der einstweiligen Anordnung (Eilverfahren)

Personal custody includes the right to demand the return of the child from anyone who withholds it from the parents or one of the parents.

Personal custody includes the right to demand the return of the child from anyone who withholds it from the parents or one of the parents. This right can be asserted before the family court. If there is a need for urgency, this can be done by means of a temporary injunction.

Documents that serve to substantiate the alleged facts, e.g. an affidavit

• Persons entitled to apply are those who have the right to determine the child's place of residence.

• court costs
• Costs for the appointed lawyer, if applicable

The application for a temporary order to surrender the child must be submitted to the competent local court - family court.

• You must give reasons for the application and substantiate the requirements for the order, e.g. by submitting an affidavit of the alleged facts.
• It is initially at the discretion of the local court, in this case the family court, whether it decides on the application for a temporary injunction after a prior oral hearing or in written proceedings without an oral hearing. In most cases, the other party is also given the opportunity to make a statement before a decision is made.
• The court must hear the parents and the youth welfare office and in most cases also the child. This hearing can only be dispensed with for serious reasons. This not only serves the rights of the parties concerned, but also enables the court to gain a personal impression of the parties involved.
• If the decision has been made without an oral hearing, an application can regularly be made for a new decision to be made on the basis of an oral hearing before the family court.

• If the respondent does not comply with the request, the court can order coercive measures to hand over the child to the responsible bailiff. This can lead to a search of the home and the assistance of the police.

- depending on the individual case

Note: Applications for a temporary injunction are dealt with in court on an expedited basis as summary proceedings.

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• Appeal within two weeks pursuant to Sections 57 sentence 2 no. 2, 58 et seq. FamFG, if a decision on an urgent application to hand over the child to the other parent was made on the basis of an oral discussion

• Application for temporary order for the return of the child
• Personal custody includes the right to demand the return of the child from anyone who withholds it from the parents or one of the parents
• Persons entitled to file an application are those who have the right to determine the child's place of residence.
• Application by a parent
• Documents are required that serve to substantiate the alleged facts, e.g. an affidavit
• There are court costs and costs for the appointed lawyer, if applicable.
• Responsible: Family court at the locally competent district court

The family court at your local district court will decide on the application for surrender of the child.

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