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Prerequisites

Documents required

Please note

It is advisable to seek the help of a lawyer for advice and to submit an application.

 Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure

• You submit the application for the release of the child to the responsible local court - family court.
• You must justify your application and make the conditions for the order credible, for example by submitting an affidavit about the alleged facts.
• The family court first examines whether it will consider the application
  • prior oral hearing or
  • decides in written procedure without an oral hearing.
• In most cases, the other side is given the opportunity to express their point of view before a decision is made.
• The court must hear the parties involved. These are:
  • The parents
  • The Youth Welfare Office
  • In most cases the child
• The hearing can only be waived for serious reasons.
• A judge then decides whether to release the child to the applicant.
• If the decision was made without an oral hearing, a request can then be made for the matter to be decided in an oral hearing before the family court.
• If the respondent does not comply with the judge's decision, the court can order coercive measures to return the child.
• This can lead to a search of the apartment by the bailiff with the assistance of the police.

Processing time

Depending on the individual case and urgency, several hours or days to weeks.

Fees

• Court costs


• if applicable, costs for the lawyer commissioned or a legal representative appointed by the court for the child.

Legal remedies

Complaint within two weeks if a decision on an urgent application for the release of the child to the other parent has been made following an oral discussion.

Legal basis