Guardianship by the Youth Welfare Office; Application

If a parent needs assistance in enforcing the child’s claims against the other parent, the parent who has sole parental responsibility or with whom the child lives may apply to the Youth Welfare Office for guardianship. Guardianship takes effect automatically upon filing the application. No further court or administrative decision is required. The Youth Welfare Office becomes the child’s legal representative in the matters specified in the application. These may include “establishment of paternity” and/or “assertion of child support claims” as well as “disposition of these claims.”

Guardianship does not restrict parental authority. Both the Youth Welfare Office and the parent authorized to file the application are entitled to represent the child. Only when the Youth Welfare Office represents the child in court proceedings is representation by the parent excluded.

The guardian is therefore not subject to the instructions of the parent in question. However, the guardian should strive for the greatest possible agreement with that parent. After all, the guardianship may be terminated at any time by a written declaration from the parent who had applied for the guardianship. Furthermore, guardianship ends, among other things, when the child reaches the age of majority or moves abroad, as well as upon completion of the guardian’s duties.

A parent who has sole parental responsibility or with whom the child lives needs assistance in enforcing the child's claims against the other parent.

An application for guardianship must be filed with the youth welfare office with jurisdiction over the person's place of residence.

In Bavaria, under state law, guardianship associations may also serve as guardians with the consent of a parent, in lieu of the youth welfare offices.