(1) Parental custody includes the representation of the child. The parents represent the child jointly; where a declaration of intent is to be made to the child, it is sufficient if it is made to one parent. One parent represents the child alone, to the extent that they exercise parental custody alone or the decision has been transferred to them under section 1628. In the case of imminent danger, each parent is entitled to undertake all legal acts that are necessary for the best interests of the child; the other parent is to be informed without undue delay.
(2) The father and the mother may not represent the child to the extent that under section 1795 a guardian is excluded from the representation of the child. If the parental custody for a child is held by the parents jointly, then the parent in whose charge the child is may assert maintenance claims of the child against the other parent. The family court may deprive the father and the mother under section 1796 of the representation; this does not apply to the determination of paternity.
(2a) The father and the mother may not represent the child in court proceedings under section 1598a (2).
(3) If the parents of the child are married to each other or if they have entered into a life partnership, then one parent may assert maintenance claims of the child against the other parent only in their own name, for as long as.
1. the parents live apart, or
2. a court dispute concerning the marriage or the life partnership within the sense of section 269 (1), no. 1 or 2, of the Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit) is pending at court between them.
A court decision obtained by one parent and a court settlement entered into between the parents also take effect for and against the child.