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Court order in case of endangerment of the child's property Partnerschaft und Familie

If you become aware that a child's assets are at risk, especially from his or her parents or a parent, report this to the family court at the district court.

  • Basic information

    The Family Court may issue orders when a child's property is at risk and the custodial parents are unwilling or unable to avert the risk.

    The family court's order may include, for example, the following (list is not exhaustive):

    • Filing of an inventory of the child's property by the parents
    • Accounting for the management of the assets
    • Withdrawal of the child's money only with the permission of the family court
    • Withdrawal of property custody (in whole or in part)

    If parts of the property custody are withdrawn, a guardian is appointed for the areas.

    Requirements

    If a child's assets are endangered and the custodial parents or one parent are not willing or able to put a stop to the danger, the family court can issue orders. This is the case, for example, if money belonging to the child has been embezzled.

    The proceedings can be initiated at the request of a parent (no special form is required) or ex officio, in particular through reports by the youth welfare office or also reports from neighbors, educators or relatives.

  • Procedure

    The proceedings at the family court are initiated ex officio, in particular through notifications by the youth welfare office or also notifications by neighbors, educators or relatives.

    • The family court investigates the facts of the case and can, for example, order the parents to submit a list of the child's assets and to give an account of their administration.
    • This inventory of assets must be correct and complete, and the parents must provide an assurance that this is the case.
    • If the inventory is not correctly prepared, the family court may order that the inventory be taken by a competent authority or by a competent official or notary.
    • The order of the family court may also include, for example (list is not exhaustive):
      • Withdrawal of the child's money only with the permission of the family court.
      • Deprivation of property custody (in whole or in part)
    • If parts of the care of assets are withdrawn, a guardian is appointed for the areas.

  • Competent Department

  • Fees / Costs

    Court fees
    If applicable: attorney's fees
    The family court shall decide on the bearing of costs at its reasonable discretion.

  • Deadlines & processing time

    What deadlines must be paid attention to?

    None.

    How long does it take to process

    At least 3 months due to the prescribed procedure, longer in more complex procedures if necessary.

  • Legal Bases

  • More Information

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This page has been automatically translated by DeepL. We cannot guarantee that the translation is correct.

The official information in German is complete and correct. 31.01.2025

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