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

Parental custody powers of the spouse

(1) The spouse of a parent with sole parental custody who is not a parent of the child has the power, in agreement with the parent with parental custody, to make joint decisions in matters of the everyday life of the child. Section 1629 (2) sentence 1 applies accordingly.

(2) In the case of imminent danger, each spouse is entitled to undertake all legal act that are necessary for the best interests of the child; the parent with parental custody is to be informed without undue delay.

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

(4) The powers under subsection (1) do not exist if the spouses live apart for a not merely temporary period.

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