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Book 4 · Family law  ›  Title 5 · Parental custody › Section 1666

Court measures in the case of endangerment of the best interests of the child

(1) Where the physical, mental or psychological best interests of the child or the child’s assets are endangered and the parents do not wish or are not able to avert the danger, the family court is to take the measures necessary to avert the danger.

(2) In general it is to be presumed that the assets of the child are endangered if the person with care for the assets of the child violates their maintenance obligation towards the child or their duties connected with the care for the assets of the child or fails to comply with orders of the court that relate to the care for the assets of the child.

(3) The court measures in accordance with subsection (1) include in particular

1.  instructions to seek public assistance, such as benefits of child and youth welfare and healthcare,

2.  instructions to ensure that the obligation to attend school is complied with,

3.  prohibitions to use the family residence or another dwelling temporarily or for an indefinite period, to be within a certain radius of the residence or to visit certain other places where the child regularly spends time,

4.  prohibitions to establish contact with the child or to bring about a meeting with the child,

5.  substitution of declarations of the person with parental custody,

6.  part or complete removal of parental custody.

(4) In matters of care for the person of the child, the court may also undertake measures with effect in relation to a third party.

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