Supplementary guardian appointment General information

Prerequisites

• The child in question is under parental care or guardianship.
• The parents or guardian are prevented from handling certain matters for factual or legal reasons. This can be the case, for example, if...
  • to point out to custodial parents that they are overwhelmed by a situation,
  • an authority indicates that supplementary guardianship appears necessary,
  • a court determines that a supplementary guardianship must be established.

Documents required

Please note

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

You don't have to meet any deadlines.

Procedure

• If supplementary guardianship becomes necessary, this is generally not done upon application. The competent court acts on its own initiative as soon as it becomes aware of the need for supplementary guardianship.
• The court appoints a suitable person as a supplementary guardian by decree.
• The appointment certificate specifies the exact area of responsibility of the supplementary guardian.

Processing time

The duration of the proceedings depends on the individual case.

Fees

The order regarding supplementary guardianship specifies who is to bear the costs of the proceedings and the guardianship itself. The decision depends on the reason for and content of the supplementary guardianship.


If you are represented or advised by a lawyer in the proceedings, you must bear the costs yourself. You may be eligible for legal aid or assistance with court costs.

Legal remedies

Complaint

Legal basis

Sections 1809 et seq. of the German Civil Code (BGB)


https://www.gesetze-im-internet.de/bgb/__1809.html


Section 151 No. 5 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


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