Application for restitution of the child interim order

Personal custody includes the right to demand the surrender of the child from anyone who withholds it from the parents or one of the parents.

Personal custody includes the right to demand the surrender of the child from anyone who withholds it from the parents or one of the parents. This right can be exercised before the family court. If there is an urgent need, this can be done in proceedings for a temporary injunction.

The family court decides on the application for surrender of the child at the local court with local jurisdiction for you. In Hesse, not all local courts have family courts (§ 5 of the Jurisdiction of Justice Ordinance). You can find the local court with local jurisdiction for you via the Federal and State Justice Portal.

Please contact the competent family court at your local court.

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

None

• Persons entitled to apply are persons who are holders of the right to determine the child's residence.

• Complaint within two weeks according to §§ 57 sentence 2 no. 2, 58 ff. FamFG, if an urgent application for the return of the child to the other parent was decided on the basis of oral discussion

The application for a temporary injunction for the surrender of the child must be submitted to the competent district court - family court.

• You must substantiate the application and substantiate the conditions for the order, e.g. by submitting an affidavit of the alleged facts.
• It is initially at the discretion of the district 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 other party is also given the opportunity to comment before a decision is made.
• The court must hear the parents and the youth welfare office and, in most cases, the child. Such consultation may be dispensed with only for serious reasons. This not only serves the rights of those affected, but also enables the court to gain a personal impression of the parties involved.
• If the decision was given without an oral hearing, it may subsequently be requested that a new decision be made on the basis of an oral hearing before the family court.

• If the respondent does not comply with the request, the court may order coercive measures to surrender the child to the competent bailiff. This can lead to a search of the apartment and the help of the police.

There are no deadlines to observe.

- depending on the individual case

Note: Applications for a temporary injunction will be dealt with expedited as summary proceedings before the court.

• Legal expenses
• if applicable, costs for the appointed lawyer