Assistance; application

If one parent needs support in enforcing the child's claims against the other parent, the person who has sole parental custody or with whom the child lives can apply for assistance from the youth welfare office. When the application is filed, the guardianship comes into effect without further ado. No further court or official decision is required. The youth welfare office becomes the legal representative of the child in the requested areas of responsibility. This can be ''establishment of paternity'' and/ or ''assertion of maintenance claims'' as well as ''disposition of these claims.''

By the guardianship the parental care is not limited. Both the youth welfare office and the petitioning parent are entitled to represent the child. Only if the youth welfare department represents the child in court proceedings, representation by the parent is excluded.

The counsel is thus not subject to the instructions of the parent concerned. However, he should strive for the greatest possible agreement with this parent. Finally, the guardianship can be terminated at any time by written declaration of the parent who had applied for the guardianship. In other respects, the guardianship ends when the child reaches the age of majority or when the child moves abroad, and also when the tasks of the guardian are completed.

In Bavaria, on the basis of a state law regulation, free youth welfare organizations (e.g. associations for youth welfare) can also provide assistance instead of the youth welfare offices.

The management of the guardianship is free of charge for the child or the parent authorized to apply.