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Contact guardian: when contact does not work out

If contact repeatedly fails because of the parents' dispute, the family court can appoint a contact guardian. Their role is to enable and help carry out contact between the child and the parent entitled to contact, in the child's interest.

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To safeguard the child's welfare, the court can order contact guardianship if the parents permanently frustrate contact (§ 1684 Abs. 3 BGB). The contact guardian has the right to demand surrender of the child in order to carry out contact.
Contact guardianship can help maintain contact despite the parents' conflict. It is limited in time and confined to carrying out contact.

What you should do now

  1. 1

    1. Document the problem

    Record when and how contact was frustrated.

  2. 2

    2. Inform the court

    Describe the repeated frustration of contact to the family court.

  3. 3

    3. Suggest contact guardianship

    Suggest the appointment of a contact guardian if other means fail.

  4. 4

    4. Cooperate

    Work together with the contact guardian to enable contact.

How to spot the scam

  • The frustration of contact is not documented.
  • The parents' dispute is placed above the child's welfare.
  • Court orders on contact are disregarded.

Frequently asked questions

What does a contact guardian do?

They ensure that the court-ordered contact between child and parent actually takes place. To this end, they can demand surrender of the child for contact and accompany the contact. Contact guardianship is based on § 1684 Abs. 3 BGB.

When does the court appoint a contact guardian?

Above all when a parent permanently and persistently frustrates contact and milder means are not enough. The prerequisite is that contact guardianship serves the welfare of the child.

How long does contact guardianship last?

It is ordered for a limited time and confined to carrying out contact. If the parents' cooperation improves, it can be lifted. The aim is always to secure the child's contact with both parents.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.