Detailed description
In legal proceedings concerning matters of importance for the child's future life, the court must appoint a legal representative for a minor child if this is necessary to protect the child's interests.
In family matters, the legal representative must ensure that the child's genuine wishes are taken into account in the court proceedings. He explains to the child how the court proceedings work and provides the child with the content and communications from the court.
The law stipulates that the legal representative must be professionally and personally qualified. This may include child psychologists, social workers or lawyers, but also close people, such as relatives, in whom the child has particular trust.
The appointment of a guardian ad litem is necessary if the interests of the child are in significant conflict with those of his or her legal representatives.
Typical cases are
- Proceedings concerning the regulation of parental custody.
- Proceedings in which the contact of a parent or a third party, such as grandparents, with the child is to be regulated.
- Proceedings which involve the separation of the child from the person in whose care the child is.
- Proceedings which involve the return of the child or a significant restriction of the right of access.
- Proceedings in which the court decides on the approval of the closed placement of a minor child.
If the child is adequately represented by a lawyer or other authorized representative, legal counsel is not necessary.
Legal guardians only serve as counsel and are not given any legal authority to legally represent the child. However, they can file an appeal in the child's interest.