Higher Regional Court strengthens child welfare: Comfort not as a punishment!

Higher Regional Court strengthens child welfare: Comfort not as a punishment!

Frankfurt am Main, Deutschland - In a pioneering judgment, the Frankfurt am Main decided that child protection measures must not serve to punish the parents. Rather, such measures always have to serve the well -being of the child. The procedure, which was negotiated on January 29, 2025 under file number 1 UF 186/24, dealt with the parental care for three minor children between the ages of 12, 10 and 7, who have mostly lived with mother since the separation of parents.

The father of the children had asked for sole custody in the course of the argument and accused the mother of "manipulating" the children. In order to counter the conflict, a judicial expert suggested that the children temporarily accommodate the children in a youth welfare facility. This recommendation was taken up by the family court, which then deprived both parents the right of residence and transferred to the youth welfare office. The children were accommodated in a weekly group and spent the weekends alternately with the parents, which led to massive stress for everyone involved.

decision of the Higher Regional Court

The decision of the Oberlandesgericht again custody of the parents for joint exercise and raised the withdrawal as a disproportionate on. The court found that the children from their usual environment not only create development risks from their usual environment, but also result in the uprooting of the children. It was also emphasized that all decisions to protect the child must be clearly oriented towards the child's welfare. Measures that only serve to punish a parent or want to compensate for personal deficits between the parents are not sustainable.

The court called for a careful consideration in custody disputes. The child protection law measures should always aim to improve the overall situation of the children sustainably. A clear proof of a risk to the child's well -being is a prerequisite for drastic measures such as removal from home. In this case, such evidence was not provided, which is why the court saw no basis for a foreign accommodation.

custody and right of access in the context

In the context of such procedures, a distinction between custody and accessible is essential. The custody, as in the BGB , includes both the duty and the right of parents to take care of their minor child. It also includes decisions on the protection and representation of the rights of the child. On the other hand, the right of access-regardless of the custody holder-serves to maintain the parent-child relationship.

In the current discussion on custody, which is related to a draft discussion of the Federal Ministry of Justice, the importance of domestic violence in the context of custody and handling regulations is also discussed. The results of such discussions will be included in the future legal design to ensure that the children's interests are always in the first place.