Supervision; enforcement assistance
Enforcement assistance for the local court in guardianship matters is one of the mandatory tasks of the guardianship offices of the districts and independent cities.
Stand: 04.12.2025. Link zum BayernPortal
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The court must hear the person concerned in person before taking a placement measure and obtain a personal impression of him or her. Where necessary, the court shall obtain a personal impression of the person concerned in his or her usual surroundings. The court may have the person concerned brought before it by the competent authority if he or she refuses to cooperate in the proceedings.
The competent authority shall assist the guardian or authorized representative within the meaning of Section 1814 (3) sentence 2 number 1 of the German Civil Code in bringing the person concerned to the placement at their request.
The authority may only use force if the court has expressly ordered this. The competent authority is authorized to request the assistance of the police enforcement bodies if necessary.
The home of the person concerned may only be opened, entered and searched by force without their consent if the court has expressly ordered this for the purpose of bringing them to a hearing or taking them to a placement. In the event of imminent danger, the order may be issued by the competent authority.
§§ Sections 312 et seq. Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
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