Parental custody order if the child's assets are at risk

The proceedings at the family court are initiated ex officio, in particular through reports by the youth welfare office or reports from neighbors, guardians or relatives.

• The family court investigates the situation and can, for example, order the parents to submit a list of the child's assets and provide an account of their management
• This list of assets must be correct and complete, which the parents must ensure.
• If the list is not drawn up correctly, the family court can order that the list be recorded by a competent authority or by a competent official or notary.
• The order of the family court may also include, for example (this list is not exhaustive)
  • Withdrawal of the child's money only with the approval of the family court
  • Withdrawal of property custody (in whole or in part)
• If parts of property custody are withdrawn, a guardian is appointed for these areas.

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

• https://www.justizadressen.nrw.de/de/justiz/suche

the district court with local jurisdiction pursuant to Section 152 FamFG

If a child's assets are at risk and the custodial parents or one parent are unwilling or unable to stop the danger, the family court can issue orders. This is the case, for example, if the child's money has been embezzled.

Proceedings can be initiated at the request of a parent (no special form is required) or ex officio, in particular through reports by the youth welfare office or reports from neighbors, guardians or relatives.

The family court decides which documents are required in accordance with the principle of official investigation.

• court fees
• If applicable: Attorney's fees
• The family court decides on the allocation of costs at its reasonable discretion.

None

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures

• §§ Sections 151 et seq. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) -
• § Section 1666 of the German Civil Code (BGB)
• § Section 1667 of the German Civil Code (BGB)

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

none

15.09.2020