Representation in custody and contact proceedings
When parents separate, the children are the focus. Questions about where they live, important decisions and contact with both parents are often emotionally demanding. We advise you with a sense of proportion and represent you when a court decision becomes necessary.
The key points at a glance
Parental responsibility
Married parents have joint parental responsibility. In principle, this continues after separation and divorce (§ 1626 BGB). In matters of considerable importance, the parents must decide jointly. Matters of daily life are decided by the parent with whom the child lives. Sole parental responsibility may be transferred to one parent on application if this best serves the child’s welfare (§ 1671 BGB).
Right of contact
The child has a right to contact with each parent, and each parent is entitled and obliged to have contact (§ 1684 BGB). The family court may determine the extent and arrangements of contact and may restrict or exclude it only where this is necessary for the child’s welfare. Under certain conditions, grandparents and other close persons also have a right of contact.
The child’s welfare as the benchmark
All decisions are guided by the child’s welfare. Factors taken into account include the child’s attachments, support for their development, continuity and their wishes, which carry greater weight as the child grows older.
Special features of the proceedings
Child-related proceedings must be dealt with as a priority and expeditiously (§ 155 FamFG). The court is to schedule a hearing promptly. The youth welfare office is involved, the child is usually heard, and a guardian ad litem is frequently appointed. The court works towards agreement between the parents.
How we proceed
We discuss with you the family situation, your children’s needs and your concerns. In doing so, we clarify which arrangement is realistic and in the children’s interests.
Wherever possible, we support an amicable solution, for example through discussions with the other party, counselling at the youth welfare office or mediation.
If proceedings are necessary, we file the required applications, prepare you for the hearing and present your position objectively to the court, the youth welfare office and the guardian ad litem. In urgent cases, we apply for interim orders.
Frequently asked questions
From what age does the child have a say?
There is no fixed age limit. The child’s wishes are ascertained at the hearing and given greater weight with increasing age and maturity. They are, however, one consideration among several in assessing the child’s welfare.
Do I need a lawyer in custody proceedings?
Legal representation is not mandatory in stand-alone custody and contact proceedings. Given the significance of the decision and the particular features of the proceedings, legal support is nevertheless often helpful.
Your contact
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich