The withdrawal of parental custody is the most extreme of measures to protect the best interests of a child and severely restricts your right to family life. Withdrawal is allowed only if there are specific reasons for it which are set out in law. Measures to protect the best interests of the child are imposed by the court.
The court is guided by the principle of mildest measure, meaning, it must impose measures that restrict you as a parent in your exercise of parental custody as little as possible, provided that such a measure provides sufficient protection for the best interests of the child. When deciding on a measure to protect the best interests of the child, the court must take into account the child's opinion if he/she is able to understand its meaning and consequences.
Custody over a child may be withdrawn by a court of general jurisdiction (department for family justice) only if the child is at risk and the circumstances of the case do not indicate that the parents or a parent could or would re-take care of his or her upbringing and care, especially if they have seriously violated their obligations or abused their parental custody rights, or if they have abandoned the child or have by their conduct clearly shown that they will not care for the child.
example Custody rights may be withdrawn if a child’s health or life is endangered by the parent in question.
Consequences
If your custody rights are withdrawn, the court will determine separate custody for the other parent. If this is not possible, or both parents’ custody rights have been withdrawn, the court will put the child under care of another person (guardian), foster care or institution.
Change of circumstances & Renewal
You may request a civil court to reassess the situation and annul the decision on the withdrawal of your parental custody rights if the circumstances since the adopted restrictions have changed.
Custody rights may be renewed by a civil court, if the reasons for withdrawal no longer exist and if it is in the child’s interests.
If a child has been adopted in the meantime, return of parental custody is not possible.
What human rights violation may there be?
The unlawful withdrawal of parental custody may violate your right to family life. Prolonged enforcement of a judgment which annuls the withdrawal may also violate your right to family life and a fair hearing.
If an objective aspect of the parent’s personality, for example, belonging to a certain religion, race or sexual orientation, is the decisive factor for withdrawal of custody, it may violate the prohibition on discrimination and unequal treatment.
Read more about whether your parental custody rights were lawfully withdrawn.
Read more about how to complain in order to protect your rights.