Order for a child to remain with a foster parent

If you are foster parents to a foster child, you have the right to file an application with the family court for the child to remain in the foster family if the biological parents want to remove the child from there.

If, in the assessment of the youth welfare office, the conditions in a foster child's family of origin do not improve within a reasonable period of time, the child is placed in a foster family on a permanent basis. If the biological parents do not agree with this decision, the family court can order that the child remain in the foster family.

You, as a foster parent, file an application with the family court for the child to remain in the foster family.

• Furthermore, the court must also act on its own motion.
• Until the proceedings are concluded, the court may issue a preliminary injunction according to which the foster child remains with the foster family until the decision is made.
• The family court will generally conduct a personal hearing with you as the petitioner and foster parent, as well as the parents and also the child. In addition, it will generally obtain a statement from the responsible youth welfare office and, if applicable, the official guardianship, and appoint a so-called proceedings guardian for the child, who will represent the child's interests in the proceedings.
• Foster children aged 14 and older must always be heard by the court in proceedings concerning personal custody or property management. A child under the age of 14 is heard if their inclinations, attachments, or wishes are relevant to the decision or if it appears necessary to establish the facts of the case.
• Furthermore, additional investigative steps, in particular obtaining an expert psychological opinion, are being considered.
• After carrying out these investigative steps and procedural acts, the family court will decide on the application regarding the child's residence by means of a court order.
• The judicial decision is in any case based on the so-called "best interests of the child" principle. The judicial decision is therefore not guided by the subjective wishes of the parents or foster parents. Rather, it must be ensured that the child does not suffer lasting harm as a result of the termination of a relationship.

None

• Court costs

Appeal pursuant to §§ 58 et seq. of the FamFG within one month