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Prerequisites

• The family court can always take measures if the physical, mental or emotional well-being of the child is at risk and the parents are not willing or able to avert the danger and this danger cannot be countered in any other way, including through public assistance. These measures can go as far as removing parental custody.
• This must be a present danger of such magnitude that it can be predicted that, if the situation continues unchanged, the child will almost certainly suffer significant harm.
• Because of parental priority in raising the child, the child's welfare must be permanently and seriously endangered in order for custody to be withdrawn.
• The procedure is initiated ex officio by the competent family court, in particular on the basis of suggestions from the youth welfare office, which in turn takes action on the basis of reports from neighbours, educators, teachers or relatives, for example.

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 family court initiates the proceedings ex officio, in particular based on suggestions from the youth welfare office, which in turn acts based on reports from neighbors, educators, teachers or relatives, for example. The family court will investigate the facts of the case and, among other things, hear the parties involved and, if necessary, conduct further investigations, such as obtaining an expert opinion.
• The court usually appoints a so-called legal representative. This ensures that the child's needs are met during the proceedings and that the child does not become a mere object of the proceedings.

Processing time

The principle of acceleration stipulates that an oral hearing is usually held no later than four weeks after the start of the proceedings. The duration of the proceedings then depends on the further measures and investigations. In urgent cases, interim orders can also be issued very quickly if this is necessary.

Fees

• court fees


• if applicable, lawyer's fees, legal counsel's costs, expert's costs


• The family court decides on the cost at its reasonable discretion.


• If you are in need, you can apply for legal aid.

Legal remedies

Complaint

Legal basis