Applying for the foster child to remain in the foster family

Prerequisites

• The child has been living with your foster family for quite some time.
• The biological parents want to remove the child from their foster family.
• The child's welfare is endangered by being removed from their foster family.
• The child's upbringing situation with the biological parents has not permanently improved since the child was placed in foster care.
• An improvement in the child-rearing conditions with the biological parents is not to be expected.
• The child's continued residence in your foster family is necessary for their well-being.

Documents required

Please note

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

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

Deadlines

No

Procedure

• You are requesting that the child remain in your foster family.
• The court forwards the application to the parents and the youth welfare office for their information and comments.
• The court appoints a guardian ad litem for the child, who is also called the child's lawyer. This person represents the child's interests in the proceedings.
• The court hears the child in the presence of his legal representative.
• The court will hold a hearing. At this hearing, you and the biological parents will be heard in person. The youth welfare office and the court-appointed guardian will give their statements. The hearing will also address what support services might be necessary and whether an amicable agreement can be reached.
• If necessary, the court will question other persons or obtain information or an expert opinion.
• The court decides on the application by means of a written ruling.

If the proceedings are still ongoing and the court has not yet made a final decision, it can respond to urgent cases. It can then issue a temporary order, for example, that the child remain with the foster family for the time being. This preliminary decision is called a temporary injunction.

Processing time

The processing time depends on the individual case. The court hearing should take place no later than one month after your application is received by the court.

Fees

Costs may be incurred. These generally depend on the amount of work involved and cannot be stated as a fixed sum. You may be eligible for financial assistance through legal aid.

Legal remedies

Complaint

Legal basis

Section 1632 of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1632.html


Sections 186 et seq. of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


https://www.gesetze-im-internet.de/famfg/__186.html