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Book 4 · Family law  ›  Title 5 · Parental custody › Section 1632

Surrender of the child; determination of contact; order that child remains in foster care

(1) The care for the person of the child includes the right to require surrender of the child from every person who is unlawfully withholding it from the parents or from one parent.

(2) The care for the person of the child also includes the right to determine contact for the child, even with effect for and against third parties.

(3) Disputes that relate to a matter under subsection (1) or (2) are decided by the family court on the application of a parent.

(4) Where the child has lived in foster care for a long period of time, and where the parents want to remove the child from the foster carer, the family court may order, of its own motion or on application by the foster carer, that the child remain with the foster carer, if and as long as the best interests of the child would be endangered by the removal. In proceedings according to sentence 1, the family court additionally may order, of its own motion or on application by the foster carer, that the child permanently remain with the foster carer if

1.  the child-rearing circumstances given with the parents over the course of a period of time that is reasonable with a view to the child’s development have not sustainably improved in spite of suitable consultancy and support measures having been offered and if it is highly likely that such an improvement is not to be expected, also not in the future, and if

2.  the best interests of the child require this order to be made.

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