Application for surrender of the child by way of interim relief (summary proceedings)

You can apply for a temporary order for the return of the child at the competent local court - family court.

• You must give reasons for the application and substantiate the conditions for the order, e.g. by submitting an affidavit on 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 opposing 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 right of the persons 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 subsequently 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 compulsory measures to hand over the child to the competent bailiff. This may go as far as a search of the home and the assistance of the police.

• Under https://www.justizadressen.nrw.de/de/justiz/suche you will find the local courts responsible for you with further contact options and service hours

The family court decides on the application for surrender of the child at the local court with local jurisdiction for you.

• The persons entitled to file an application are those who have the right to determine the child's residence.

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

• Court costs
• if applicable, costs for the appointed lawyer

None

- case-by-case

Note: Applications for an interim injunction are dealt with on an expedited basis as summary proceedings before the court.

• § 1632 Bürgerliches Gesetzbuch (BGB)
• § 1666 Bürgerliches Gesetzbuch (BGB)
• §§ 49 ff. Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)
• §§ 151 ff. Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG) – Kindschaftssachen

• Appeal within two weeks pursuant to § 57.2 No. 2, 58 et seq. FamFG if a decision on an urgent application for the surrender of the child to the other parent was taken on the basis of an oral discussion.

None

30.01.2023