Leaving a child with a foster carer

• As the foster carer, you apply to the family court to keep the child in your family.
• The court sends the application to the parents and the youth welfare office for their information and comments. It also appoints a guardian ad litem for the child ("child's lawyer"), who supports the child in the proceedings and represents his or her interests.
• The court hears the child in the presence of the guardian ad litem and gains a personal impression of the child. The court also holds a hearing in a timely manner. At the hearing, the parents and the caregiver are heard in person and the youth welfare office and the guardian ad litem make statements. It is also discussed what help may be required and whether an amicable solution can be found.
• If necessary for the decision, a further investigation of the facts takes place, for example by questioning other persons or by obtaining information or an expert opinion.
• The family court decides whether the child should remain in the foster family.
• Until the final decision is made, the court can take a temporary measure - in particular, the temporary placement of the child with the foster carer - by way of a temporary injunction due to an immediate need for judicial regulation.

Please contact the competent family court.

• At https://www.justizadressen.nrw.de/de/justiz/suche you will find the competent local court with further contact options and service times.

The family court has jurisdiction.

You have taken in a child and would like to apply for the child to remain in your family. The following criteria must be met for the requested court decision:

• The child must have been living in your family for some time. Whether this is the case will be assessed on a case-by-case basis, taking into account the age of the child, among other things,
• the parents want to take the child away from you and
• removal from the foster family by the parents would endanger the child's welfare.

If you want the child to remain in your family permanently, the following criteria must also be met for such a court decision:

• The parents have not sustainably improved their parenting relationships,
• it is very unlikely that the parents' parenting situation will improve in the future and
• it is necessary for the child's welfare to remain in your family permanently.

Please note: The so-called "best interests of the child principle" is decisive for the assessment of your application. In particular, the age of the child, its relationships and attachments at the time of the decision and its previous history will be taken into account.

No documents are required.

The caregiver may have to pay court costs and - in the case of legal representation, for example - also out-of-court costs. The caregiver is only liable for court costs if the court orders the caregiver to pay all or part of the court costs. If the legal requirements are met, you will be granted legal aid on application.

You do not have to observe any deadlines.

If, as a foster parent, you are faced with the prospect of your foster child being removed from your family in the near future, it is important that you seek legal advice as early as possible.

The processing time depends on the individual case. The court hearing should be held within one month of the proceedings being initiated at the latest.

• § Section 1632 of the German Civil Code (BGB)
• §§ 186 ff. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
• § Section 1697a (2) of the German Civil Code (BGB) - principle of the best interests of the child
• § Section 37 of Book Eight of the German Social Code - Child and Youth Welfare Act - Advice and support for parents, cooperation with help outside the family

There is the legal remedy of appeal in accordance with §§ 58 ff. FamFG. The appeal period is 1 month, for appeals against interim measures 2 weeks.

Forms: none
Online procedure possible: no
Written form required: yes
Personal appearance required: yes

11.11.2021