Procedural assistance order General information

When important decisions affecting a child's life are at stake, the court appoints someone to represent the child's interests. Here you can find further information on appointing a guardian ad litem.

Detailed description

In legal proceedings that involve important decisions for a child's future life, the court appoints a guardian ad litem if this is necessary to protect the child's interests.



In family law cases, the child's legal representative ensures that their wishes are respected in the proceedings. They explain the court process to the child and convey information and communications from the court. Typical situations in which a child's legal representative is appointed include:

  • Procedures for regulating parental custody
  • Procedures for determining visitation rights, for example for a parent or third parties such as grandparents
  • Procedures that involve separating a child from their previous caregiver
  • Proceedings concerning the return of the child or in cases of significant restriction of visitation rights
  • Procedure for approving the placement of a minor child

The court-appointed guardian ad litem acts solely as an advocate for the child and has no legal authority to represent the child. However, he or she may file appeals in the child's best interests.

 

Information

Prerequisites

  • In court proceedings, a significant conflict exists between the interests of the child and those of their legal representatives (parents, guardian). This renders the legal representatives unsuitable to represent the child's interests in the proceedings. Despite hearing the child's testimony, their interests are therefore at risk of being overlooked in the proceedings. Typical procedural situations include, for example:
  • The welfare of a child in the family is at risk and the family court must decide whether the parents should have parts of their parental rights or even all parental care revoked or
  • A separation of the child from the parents or the person in whose care the child is located should take place or
  • The release or remaining of the child from or with a foster parent or other person entitled to contact is the subject of the proceedings or
  • The exclusion or significant restriction of visitation rights is a possibility.
  • The chosen legal representative is professionally and personally suitable.
  • Potential candidates include child psychologists, social workers, or lawyers.
  • This also includes close people, for example relatives, in whom the child has special trust.

Documents required

No

Please note

If the child is adequately represented by a lawyer or other authorized representative, a procedural guardian is not necessary.



The local court does not provide legal advice. Please contact a qualified professional, such as a lawyer or notary public.


If you have limited financial resources, you can obtain advice from the Public Legal Information Office (ÖRA).

Deadlines

No

Procedure

  • The court appoints the legal representative ex officio. This means that an application is not required.
  • The appointment can also be initiated by the parties to the proceedings or third parties, for example, family members or other persons close to the child. Children can also submit the application themselves from the age of 14.
  • The court checks whether the proposed person meets all the requirements and appoints them as legal counsel if they are suitable.

Processing time

The duration of the proceedings depends on the individual case.

Fees


  • Professional legal representation: usually EUR 690.00

  • Non-professional legal representative: Reimbursement of expenses


Remuneration and reimbursement of expenses are paid from the state treasury.

Legal remedies

No legal remedy is provided for.

Legal basis

Section 151 of the Act on Proceedings in Family Matters and Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__151.html


Section 158 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__158.html


Section 167 of the Act on Proceedings in Family Matters and Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__167.html

Links on hamburg.de

Links on the Internet

Find out your responsible facility

Angaben zur Zuständigkeit
Bitte geben Sie hier die Meldeadresse mit Straße und Hausnummer an

Haven't found the right one yet?

To Hamburg Service startpage

Keywords: Child's lawyer Representative of child in the process Representation of child’s interests in court

Last updated: 14.02.2026