Antrag auf Herausgabe des Kindes Anordnung

§ 1632 German Civil Code (BGB)
§ 1666 German Civil Code (BGB)
§§ 151 ff. Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) – Child Matters
§§ 49 ff. Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

Parental responsibility includes the right to demand the return of the child from anyone who withholds it from the parents or one of the parents without permission

As part of the custody of a child, the parents or other legal guardians who are entitled to custody have the right to determine the child's place of residence (right to determine place of residence). If they have a dispute about the child's place of residence in the event of a separation or divorce, they can apply for a court decision on the matter.

Documents that can prove the alleged facts, such as an affidavit.

Those entitled to apply are persons who have the right to determine the child’s place of residence as part of the actual custody of the child.

• Court costs
• if applicable, costs for the lawyer commissioned or a legal representative appointed by the court for the child.

• You submit the application for the release of the child to the responsible local court - family court.
• You must justify your application and make the conditions for the order credible, for example by submitting an affidavit about the alleged facts.
• The family court first examines whether it will consider the application
  • prior oral hearing or
  • decides in written procedure without an oral hearing.
• In most cases, the other side is given the opportunity to express their point of view before a decision is made.
• The court must hear the parties involved. These are:
  • The parents
  • The Youth Welfare Office
  • In most cases the child
• The hearing can only be waived for serious reasons.
• A judge then decides whether to release the child to the applicant.
• If the decision was made without an oral hearing, a request can then be made for the matter to be decided in an oral hearing before the family court.
• If the respondent does not comply with the judge's decision, the court can order coercive measures to return the child.
• This can lead to a search of the apartment by the bailiff with the assistance of the police.

Depending on the individual case and urgency, several hours or days to weeks.

No

It is advisable to seek the help of a lawyer for advice and to submit an application.

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Complaint within two weeks if a decision on an urgent application for the release of the child to the other parent has been made following an oral discussion.

• Parents or other legal guardians who are responsible for the care of the child have the right to determine the child’s place of residence (right to determine place of residence)
• may request a judicial decision in the event of disagreement on the matter.

Hamburg District Court