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Dokument BGB Book 4 Family Law
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311
=S=> BGB 1629. 1 Parental custody includes the representation of the child . The parents represent the child jointly ; where a declaration of intention 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 he exercises parental custody alone or the decision has been transferred to him under section 1628. In the case of imminent danger , each parent is entitled to undertake all legal act that are necessary for the best interests of the child ; the other parent is to be informed without undue delay .
=S=> BGB 1629. 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 .
=S=> BGB 1629. 2a The father and the mother may not represent the child in court proceedings under section 1598a ( 2 ) .
=S=> BGB 1629. 3 If the parents of the child are married to each other , then one parent , as long as the parents live apart or a matrimonial matter is pending at court between them , may assert maintenance claims of the child against the other parent only in his own name . A court decision obtained by one parent and a court settlement entered into between the parents also take effect for and against the child .