[eu]cite

Home› Civil Code & Private Law› BGB (EN)

Book 4 · Family law  ›  Title 5 · Parental custody › Section 1687

Exercise of joint parental custody when the parents live apart

(1) If parents who have joint parental custody live apart not merely temporarily, then in the case of decisions in matters the arrangement of which is of substantial significance for the child their mutual agreement is required. The parent with whom the child, with the consent of the other parent or on the basis of a court decision, customarily resides has the authority to decide alone in matters of everyday life. Decisions in matters of everyday life are as a rule such as frequently occur and that have no effects that are difficult to alter on the development of the child. As long as the child, with the consent of this parent or on the basis of a court decision, resides with the other parent, the latter has the authority to decide alone in matters of actual care. Section 1629 (1) sentence 4 and section 1684 (2) sentence 1 apply accordingly.

(2) The family court may restrict or exclude the powers under subsection (1) sentences 2 and 4, if this is necessary for the best interests of the child.

←→ also move between sections