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Prerequisites

• A child's assets are at risk and the parent or guardian is not willing or able to stop the danger. This is the case, for example, if the child's money has been embezzled.
• The procedure can be initiated at the request of a parent (no special form is prescribed) or ex officio, in particular through reports by the youth welfare office or reports from neighbors, educators or relatives.

Documents required

Please note

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

The proceedings before the family court are initiated ex officio, in particular through reports by the youth welfare office or reports from neighbors, educators or relatives.

• The family court investigates the facts and can, for example, order the parents to submit a list of the child's assets and to provide an account of the administration
• This list of assets must be correct and complete; the parents must ensure this.
• If the register is not drawn up correctly, the family court may order that the register be drawn up by a competent authority or by a competent official or notary.
• The order of the family court may also include, for example (list is not exhaustive):
  • Withdrawal of the child's money only with the approval of the family court
  • withdrawal of financial custody (in whole or in part)
• If parts of the property are withdrawn from care, a carer will be appointed for those areas.

Processing time

At least 3 months due to the prescribed procedure, possibly longer in more complex cases. If there is an acute danger, urgent measures in the form of an interim order may also be considered.

Fees

• court fees


• attorney fees, if applicable


• The family court decides on the bearing of costs at its reasonable discretion.

Legal remedies

Complaint

Legal basis