Application for a child to remain with a foster parent

Prerequisites

• The child will be ordered to remain in the foster family if
  • the child has been living in family care for a long time
  • the parents want to take the child away from the caregiver
  • the child's welfare would be endangered by removal from the caregiver
• The child will be ordered to remain in the foster family permanently if
  • the parents have not sustainably improved the upbringing conditions
  • the improvement of the parents' upbringing conditions is very unlikely to be expected
  • the child's permanent stay with the carer is necessary for his or her well-being
• The so-called best interests principle is decisive for the court decision.
• In addition to the application for the child to remain in the foster family, an urgent application can also be submitted.

Documents required

Please note

• It is advisable to seek legal advice.
• In any case, the court decision is based on the so-called best interests of the child principle. The court decision is therefore not based on the subjective wishes of the parents or foster parents. Rather, it must be ensured that the child will not suffer lasting harm as a result of breaking off the relationship.

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 (ÖRA) offers cost-effective legal advice for people with low incomes   at.

Deadlines

No

Procedure

• As a carer, you apply to the family court for the child to remain in your family.
• The family court in whose district the child’s main residence is responsible.
• The court sends the application to the parents and the youth welfare office for their information and comment.
• The court appoints a legal representative for the child, who is also called a child's lawyer. He represents the child and his interests in the proceedings.
• The court hears the child in the presence of his or her legal representative and gets a personal impression of the child. The court also holds a hearing to discuss the case. At the hearing, the parents and the carer are heard in person and the youth welfare office and the legal representative give their opinion. It is also discussed what kind of help may be required and whether an amicable solution can be found.
• If necessary for the decision, further investigation of the facts will be carried out, for example by questioning other persons or by obtaining information or an expert opinion.
• In addition, further investigative steps may be considered, in particular obtaining a psychological expert opinion.
• After carrying out these investigative steps and procedural actions, the family court will decide on the application to remain by order.
• The family court decides whether the child should remain in the foster family.
• Pending a final decision, the court may, due to an immediate need for judicial regulation, take a provisional measure – in particular, a provisional stay of the child with his or her carer – by way of an interim order.

Processing time

The processing time depends on the individual case. The court hearing should take place within one month of the initiation of the proceedings at the latest.

Fees

The carer may be responsible for court costs and, for example, out-of-court costs if they are represented by a lawyer. The carer is only liable for court costs if the court imposes the court costs on the carer in whole or in part. If the legal requirements are met, you will be granted legal aid upon application.

Legal remedies

There is a legal remedy of appeal. The appeal must be lodged within one month, and in the case of appeals against interim measures within two weeks.

Legal basis

§ 1632 German Civil Code (BGB)

§§ 186 ff. Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)