Parental care Order in case of endangerment of the child's property
This service is provided by the judiciary.
If you become aware that a child's property is at risk, in particular by his or her parents or one of his parents, report this to the family court at the district court.
Description
The family court can issue orders if a child's property is endangered and the parents with custody are unwilling or unable to avert the danger.
The order of the family court may include, for example, the following (list is not exhaustive):
- Submission by parents of a list of the child's assets
- Accounting for the management of assets
- Withdrawal of the child's money only with the permission of the family court
- Deprivation of custody (in whole or in part)
If parts of the custody of assets are withdrawn, a caregiver is appointed for the areas.
Required documents
The family court decides in the exercise of the so-called official investigation principle, which documents are required.
Forms
none
Prerequisites
If a child's property is endangered and the parents with custody or one of the parents are unwilling or unable to stop the danger, the family court may issue orders. This is the case, for example, if the child's money has been embezzled.
The procedure can be initiated at the request of a parent (a special form is not prescribed) or through official channels, in particular through reports by the Youth Welfare Office or reports from neighbours, educators or relatives.
Basis for legal action
Legal remedy
Appeal according to §§ 58 ff. FamFG against the family court decision within one month
Procedure
The proceedings at the family court are initiated ex officio, in particular by reports by the youth welfare office or reports from neighbours, educators or relatives.
- The family court determines the situation and may, for example, order the parents to submit a list of the child's assets and submit an account through the administration.
- This list of assets must be correct and complete, the parents have to assure that.
- If the list is not drawn up correctly, the family court may order that the register be drawn up by a competent authority or by a competent official or notary.
- The order of the family court may also include, for example, (list is not exhaustive):
- Withdrawal of the child's money only with the permission of the family court
- Deprivation of custody (in whole or in part)
- If parts of the custody of assets are withdrawn, a caregiver is appointed for the areas.
Deadlines
None
Processing time
At least 3 months due to the given procedure, in more complex procedures possibly longer
Costs
- Court
- where applicable: lawyers' fees
- The family court decides on the bearing of costs at its equitable discretion.
Area of validity
Hesse
Official approval
Officially approved by Hessian Ministry of Justice on 22.06.2021
Keywords
Gefahr, Vermögensverzeichnis, Unterhaltspflicht, abwenden, Anordnung, Abhebungsgenehmigung, Rechnungslegung, Verletzung, Vermögenssorge, Pflichtverletzung, Sorgerecht Übertragung, Elterliche Sorge, Sorgerecht Entzug, Entziehung, mündelsicher, Vermögen, Gefährdung, Sicherheitsleistung