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Application for the release of the child by way of an interim order (urgent procedure)

In custody proceedings, the family court may issue an interim order for the return of a child if immediate intervention is urgently required to protect the child.

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Detailed description

As part of the custody of a child, the parents or other legal guardians who have custody of the child have the right to determine the child's place of residence. If they have a dispute about the child's place of residence in the event of a separation or divorce, they can apply for a court decision on the matter.
In custody proceedings, the family court may issue an interim order for the return of a child if immediate intervention is urgently required to protect the child.
For this to happen, the child's well-being must be at risk. For example, if parents abuse their custody rights or neglect the children.
Moreover, the danger may not be able to be countered in any other way.

 

Information

Prerequisites

  • Those entitled to apply are persons who have custody of the child.
  • The child's well-being must be at risk.
  • There is no other way to counter the danger.

Documents required

Documents that can prove the alleged facts, such as an affidavit.

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (脰RA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure

You submit the application for an interim order to release the child to the responsible family court.

  • You must justify your application and make the conditions for the order credible, for example by submitting an affidavit about the alleged facts.
  • The family court first examines whether it will consider the application
    • prior oral hearing or
    • decides in written procedure without an oral hearing.
    • In most cases, the other side is given the opportunity to express their point of view before a decision is made.
  • The court must hear the parties involved. These are:
    • The parents
    • The Youth Welfare Office
    • In most cases the child
  • The hearing can only be waived for serious reasons.
  • A judge then decides on the child鈥檚 whereabouts or the release of the child.
  • If the decision was made without an oral hearing, a request can then be made for the matter to be decided in an oral hearing before the family court.
  • If the respondent does not comply with the judge's decision, the court can order coercive measures to return the child.
  • This can lead to a search of the apartment by the bailiff with the assistance of the police.

Processing time

Depending on the individual case, several days to weeks.


Applications for interim measures are processed in court as expedited proceedings. However, a certain amount of processing time is to be expected.

Fees


  • Court costs

  • If applicable, costs for the appointed lawyer

Legal remedies

Complaint within two weeks if a decision on an urgent application for the release of the child to the other parent has been made following an oral discussion.

Legal basis







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Keywords: Get child back Rescuing a child from neglect Determine child鈥檚 place of residence

Last updated: 29.04.2025