Family Court; Involvement of the Youth Welfare Office in Court Proceedings

The Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG) mandates that, in certain family court proceedings, the Youth Welfare Office must be consulted before the court renders its decision. As the competent specialized authority, the Youth Welfare Office must conduct the investigations necessary for its opinion and report the established facts to the court. Based on its professional experience, it comments on the measures intended by the court and, if appropriate, should itself submit a specific proposal for a decision to the court.

The Youth Welfare Office must be consulted, in particular, in all proceedings concerning a child, e.g.:

• Decisions regarding visitation rights with the child (Section 1632(2) of the German Civil Code (BGB), Sections 1684 and 1685 BGB),
• Decisions regarding court measures when the child’s welfare is at risk (Section 1666 of the German Civil Code (BGB)),
• Decisions regarding parental custody when the parents are living apart (Section 1671 of the German Civil Code (BGB)), following the death of a parent (Section 1680(2), § 1681 BGB) or following the termination of parental custody (§ 1680(3) BGB).