Glossary of Custody Terms

Definition: The main civil code of Germany that contains family law provisions, including custody and contact rights.

In context: References like 'BGB §1626' refer to specific sections of the German Civil Code.

Definition: The court responsible for family law matters, including custody and contact orders. Usually part of the Amtsgericht (local court).

In context: You file custody and contact applications at the Familiengericht in your area.

Definition: Local government office that provides support, counseling, and mediation services for families. Can help with custody matters and contact arrangements.

In context: The Jugendamt offers free counseling and can help mediate custody and contact disputes.

Definition: When both parents share decision-making rights and responsibilities for their child.

In context: Married parents automatically have gemeinsame Sorge. Unmarried parents can establish it through a joint declaration or court application.

Definition: A court order that sets out when and how a parent (or other person) can have contact with a child.

In context: If contact is being blocked, you can apply to the Familiengericht for an Umgangsregelung.

Definition: The right of a parent (or other person) to have contact with a child. Protected by law.

In context: Under BGB §1684, children have the right to contact with both parents, and parents have the right and duty to have contact with their child.

Definition: A formal declaration by a man that he is the father of a child. Required for unmarried fathers to have parental rights.

In context: Paternity acknowledgment typically happens at the Standesamt or Jugendamt before or after the child's birth.

Definition: A joint declaration by unmarried parents to establish joint custody. Can be signed at the Jugendamt or Standesamt.

In context: For unmarried parents, a Sorgeerklärung can establish gemeinsame Sorge without going to court.

Definition: The lowest level of court in Germany. Family matters are handled by the Familiengericht division of the Amtsgericht.

In context: You file custody and contact applications at the Amtsgericht in your city or district.

Definition: Local government office that handles civil registration, including birth certificates, marriages, and paternity acknowledgments.

In context: You can acknowledge paternity or sign custody declarations at the Standesamt.

Definition: A formal decision or order issued by a court, especially in family law matters.

In context: A Beschluss from the Familiengericht can change custody arrangements or set contact schedules.

Definition: A formal court judgment, typically after a full hearing. More formal than a Beschluss.

In context: An Urteil is a final court decision, while a Beschluss is often an interim or procedural order.

Definition: The central principle in German family law. All custody and contact decisions must prioritize the child's welfare.

In context: Courts always consider Kindeswohl when making decisions about custody and contact.

Definition: When only one parent has custody rights and decision-making authority for the child.

In context: Sole custody is only granted in exceptional circumstances, such as when the other parent is unable to care for the child.

Definition: A process where a neutral third party helps parents reach an agreement about custody or contact arrangements.

In context: Many Jugendämter offer free or low-cost mediation services to help parents resolve disputes without going to court.