7355
=U3= Sec1626 -- Section 1626 Parental custody , principles
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=S=> BGB 1626. 3 The best interests of the child as a general rule include contact with both parents . The same applies to contact with other persons to whom the child has ties , if maintaining these ties is beneficial for its development .
=U3= Sec1626a -- Section 1626a Parental custody of parents who are not married to each other ; declarations of parental custody
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=S=> BGB 1626a. 1 Where the parents , at the date of the birth of the child , are not married to each other , they have joint parental custody if they declare that they wish to take on parental custody jointly ( declarations of parental custody ) , or marry each other .
=S=> BGB 1626a. 2 Apart from this , the mother has the parental custody .
=U3= Sec1626b -- Section 1626b Special requirements for the effectiveness of the declaration of parental custody
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=S=> BGB 1626b. 1 A declaration of parental custody subject to a condition or a stipulation as to time is ineffective .
=S=> BGB 1626b. 2 The declaration of parental custody may be made even before the birth of the child .
=S=> BGB 1626b. 3 A declaration of parental custody is ineffective to the extent that a court decision on parental custody under sections 1671 and 1672 has been made or such a decision has been altered under section 1696 ( 1 ) .
=U3= Sec1626c -- Section 1626c Declaring in person ; parent with limited capacity to contract
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=S=> BGB 1626c. 1 The parents may make the declarations of parental custody only without a representative .
=S=> BGB 1626c. 2 The declaration of parental custody of a parent with limited capacity to contract is subject to the approval of his legal representative . The approval may only be given by the legal representative without a representative ; section 1626b ( 1 ) and ( 2 ) applies with the necessary modifications . The family court must substitute the approval on the application of the parent with limited capacity to contract if the declaration of parental custody does not conflict with the welfare of this parent .
=U3= Sec1626d -- Section 1626d Form ; duty of notification
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=S=> BGB 1626d. 1 Declarations of parental custody and approvals must be notarially recorded .
=S=> BGB 1626d. 2 The reporting agency without undue delay notifies the making of declarations of parental custody and approvals , stating the date of birth and place of birth of the child and the name that the child had at the time when its birth was recorded to the youth welfare office competent under section 87c ( 6 ) sentence 2 of Book Eight of the Social Security Code [ Sozialgesetzbuch ] for the purpose of giving information under section 58a of Book Eight of the Social Security Code [ Sozialgesetzbuch ] .
=U3= Sec1626e -- Section 1626e Ineffectiveness
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=S=> BGB 1626e Declarations of parental custody are ineffective only if they do not satisfy the requirements of the above provisions .
=U3= Sec1627 -- Section 1627 Exercise of parental custody
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=S=> BGB 1627 The parents must exercise the parental custody on their own responsibility and in mutual agreement for the best interests of the child . In the case of differences of opinion , they must attempt to agree .
=U3= Sec1628 -- Section 1628 Court decision in the case of differences of opinion between the parents
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=S=> BGB 1628 If the parents , in a single matter or in a particular kind of matter of parental custody the arrangements for which are of substantial importance for the child , cannot agree , the family court , on the application of a parent , may transfer the decision to one parent . The transfer may be subject to limitations or conditions .
=U3= Sec1629 -- Section 1629 Representation of the child
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=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 .
=U3= Sec1629a -- Section 1629a Restriction of liability of minors
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=S=> BGB 1629a. 1 The liability for obligations that the parents , as part of their statutory power of agency , or other persons entitled to represent , as part of their power of agency , have created with effect for the child by legal transaction or another action , or that have arisen on the basis of an acquisition as a result of death that occurred during the minority , is restricted to the inventory of the assets of the child that are in existence when the child reaches the age of majority ; the same applies to obligations arising from legal transactions that the minor under sections 107 and 108 or section 111 entered into with the approval of his parents or for obligations arising from legal transactions for which the parents received the approval of the family court . If the minor who is now of full age relies on the restriction of liability , the provisions of sections 1990 and 1991 for the liability of the heir apply with the necessary modifications .
=S=> BGB 1629a. 2 Subsection ( 1 ) does not apply to obligations from the independent operation of a trade or business to the extent that the minor was entitled to do this under section 112 , and for obligations from legal transactions that served solely the satisfaction of his personal needs .
=S=> BGB 1629a. 3 The rights of the creditors against co-debtors and those who are jointly liable and their rights arising from a security created for the claim or from a priority notice securing its creation are not affected by subsection ( 1 ) .
=S=> BGB 1629a. 4 If a member of a community of heirs or an association of persons does not within three months after the minor reaches full age demand the partitioning of the estate or the termination of the association , then in case of doubt it is to be assumed that the obligation arising from such a relationship arose after the minor reached full age ; similar provisions apply to the proprietor of a trading business who has reached full age and who does not terminate this within three months after reaching full age . Under the preconditions set out in sentence 1 , it is also presumed that the present assets of the person who has reached full age were already in existence when he reached full age .
=U3= Sec1630 -- Section 1630 Parental custody in the case of appointment of a curator or of foster care
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=S=> BGB 1630. 1 The parental custody does not extend to matters of the child for which a curator has been appointed .
=S=> BGB 1630. 2 Where the care for the person of the child or the care for the property of the child is the responsibility of a curator , then the family court decides , if the parents and the curator cannot agree in a matter that relates to both the person and the property of the child .
=S=> BGB 1630. 3 If the parents place the child in foster care for a long period of time , the family court , on the application of the parents or of the foster carer , may transfer matters of parental custody to the foster carer . For the transfer on the application of the foster carer , the approval of the parents is required . In the scope of the transfer , the foster carer has the rights and duties of a curator .
=U3= Sec1631 -- Section 1631 Contents and limits of care for the person of the child
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=S=> BGB 1631. 1 The care for the person of the child includes without limitation the duty and the right to care for , bring up and supervise the child and to specify its abode .
=S=> BGB 1631. 2 Children have a right to non-violent upbringing . Physical punishments , psychological injuries and other degrading measures are inadmissible .
=S=> BGB 1631. 3 The family court is to support the parents , on application , in exercising care for the person of the child in suitable cases .
=U3= Sec1631a -- Section 1631a Training and occupation
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=S=> BGB 1631a In matters of training and of occupation , the parents take account in particular of the aptitude and inclination of the child . If there are doubts , the advice of a teacher or of another suitable person should be obtained .
=U3= Sec1631b -- Section 1631b Accommodation associated with deprivation of liberty
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=S=> BGB 1631b Accommodation for the child that is associated with deprivation of liberty requires the approval of the family court . Accommodation is permissible if it is necessary in the childs best interests , in particular in order to avert a danger to the child himself or to a third-party and the danger cannot be remedied by other means , including via other public assistance . Without approval , accommodation is only permissible if delay entails risk ; the approval must thereafter be obtained without undue delay .
=U3= Sec1631c -- Section 1631c Prohibition of sterilisation
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=S=> BGB 1631c The parents may not consent to a sterilisation of the child . Nor can the child itself consent to the sterilisation . Section 1909 does not apply .
=U3= Sec1632 -- Section 1632 Surrender of the child ; determination of contact ; order that child remains in foster care
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=S=> BGB 1632. 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 .
=S=> BGB 1632. 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 .
=S=> BGB 1632. 3 Disputes that relate to a matter under subsection ( 1 ) or 2 are decided by the family court on the application of a parent .
=S=> BGB 1632. 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 , of its own motion or on the application of the foster carer , order that the child remains with the foster carer , if and as long as the best interests of the child would be endangered by the removal .
=U3= Sec1633 -- Section 1633 Care for the person of the child in the case of a married minor
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=S=> BGB 1633 The care for the person of a minor child that is or was married is restricted to representation in the personal matters .
=U0= -- --
=U3= Sec1638 -- Section 1638 Restriction of care for the property of the child
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=S=> BGB 1638. 1 The care for the property of the child does not extend to the property which the child acquires as a result of death or which is given it free of charge inter vivos if the testator by testamentary disposition or the donor when making the disposition stipulated that the parents were not to manage the property .
=S=> BGB 1638. 2 The parents may also not manage whatever the child acquires on the basis of a right that is part of such property or as compensation for the destruction , damage or deprivation of an object that is part of the property or by a legal transaction that relates to the property .
=S=> BGB 1638. 3 If it is stipulated by testamentary disposition or when the disposition is made that one parent shall not manage the property , the other parent manages it . In this respect , this parent represents the child .
=U3= Sec1639 -- Section 1639 Directions of the testator or donor
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=S=> BGB 1639. 1 Whatever the child acquires as a result of death or whatever it is given free of charge inter vivos the parents must manage under the directions that were made by testamentary disposition or when the disposition was made .
=S=> BGB 1639. 2 The parents may deviate from the directions to the extent that , under section 1803 ( 2 ) and ( 3 ) , this is permitted to a guardian .
=U3= Sec1640 -- Section 1640 Inventory of property
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=S=> BGB 1640. 1 The parents must make an inventory of the property subject to their management which the child acquires as a result of death , affix to the inventory an affirmation that it is correct and complete and submit the inventory to the family court . The same applies to property which the child obtains in another way on the occasion of a death , and to lump sum payments that are made instead of maintenance , and gratuitous dispositions . In the case of household objects , a statement of the total value is sufficient .
=S=> BGB 1640. 2 Subsection ( 1 ) does not apply if the value of an acquisition of property does not exceed 15,000 euros or to the extent that the testator by testamentary disposition or the donor when making the disposition made a direction to the contrary .
=S=> BGB 1640. 3 If the parents , contrary to subsection ( 1 ) or ( 2 ) , do not submit an inventory , or if the inventory submitted is inadequate , the family court may order that the inventory is recorded by a competent authority or a competent official or notary .
=U3= Sec1641 -- Section 1641 Prohibition of donation
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=S=> BGB 1641 The parents may not , in representation of the child , make donations . An exception applies to donations that are made to comply with a moral duty or to show consideration to decency .
=U3= Sec1642 -- Section 1642 Investment of money
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=S=> BGB 1642 The parents must invest the money of the child subject to their management in accordance with the principles of efficient management of assets to the extent that it is not to be kept ready to pay expenses .
=U3= Sec1643 -- Section 1643 Legal transactions subject to approval
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=S=> BGB 1643. 1 For legal transactions for the child , the parents need the approval of the family court in the cases in which under section 1821 and under section 1822 nos . 1 , 3 , 5 and 8 to 11 a guardian needs approval .
=S=> BGB 1643. 2 The same applies to the disclaimer of an inheritance or of a legacy and for the waiver of a compulsory portion . Where the devolution on the child occurs only as the result of the disclaimer of a parent who represents the child alone or jointly with the other parent , the approval is necessary only if the parent was entitled together with the child .
=S=> BGB 1643. 3 The provisions of sections 1825 and 1828 to 1831 apply with the necessary modifications .
=U3= Sec1644 -- Section 1644 Surrender of objects of property to the child
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=S=> BGB 1644 The parents may not , without the approval of the family court , surrender to the child , to perform a contract entered into by the child or for its free disposition , objects that they may alienate only with the approval of the family court .
=U3= Sec1645 -- Section 1645 New trade or business
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=S=> BGB 1645 The parents should not , without the approval of the family court , commence a new trade or business in the name of the child .
=U3= Sec1646 -- Section 1646 Acquisition with funds of the child
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=S=> BGB 1646. 1 If the parents acquire movable things with the funds of the child , then on the acquisition the ownership passes to the child , unless the parents do not intend to acquire for the account of the child . This applies in particular also to bearer instruments and to instruments made out to order which bear a blank endorsement .
=S=> BGB 1646. 2 The provisions of subsection ( 1 ) apply with the necessary modifications if the parents , with the funds of the child , acquire a right in property of the nature designated or another right for the transfer of which the contract of assignment suffices .
=U3= Sec1647 -- Section 1647 repealed
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=U3= Sec1648 -- Section 1648 Reimbursement of outlays
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=S=> BGB 1648 If the parents , in exercising the care for the person of the child or the care for the property of the child , make outlays which in the circumstances they are permitted to regard as necessary , then they may demand reimbursement from the child except to the extent that the outlays are not borne by themselves .
=U3= Sec1649 -- Section 1649 Use of the income of the property of the child
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=S=> BGB 1649. 1 The income of the property of the child that is not needed for the proper management of the property is to be used for the maintenance of the child . To the extent that the income of the property is not sufficient , the income may be used which the child acquires as a result of its work or as a result of the independent operation of a trade or business permitted him under section 112.
=S=> BGB 1649. 2 The parents may use the income of the property which is not needed for the proper management of the property and for the maintenance of the child for their own maintenance and for the maintenance of the minor unmarried siblings of the child , to the extent that this is equitable , taking into account the property and earnings situation of the persons involved . This power lapses on the marriage of the child .
=U0= -- --
=U3= Sec1664 -- Section 1664 Limited liability of the parents
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=S=> BGB 1664. 1 In exercising the parental custody , the parents are answerable to the child only for the care they customarily exercise in their own affairs .
=S=> BGB 1664. 2 If both parents are responsible for damage , they are liable as joint and several debtors .
=U3= Sec1665 -- Section 1665 repealed
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=U3= Sec1666 -- Section 1666 Court measures in the case of endangerment of the best interests of the child
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=S=> BGB 1666. 1 Where the physical , mental or psychological best interests of the child or its property are endangered and the parents do not wish or are not able to avert the danger , the family court must take the measures necessary to avert the danger .
=S=> BGB 1666. 2 In general it is to be presumed that the property of the child is endangered if the person with care for the property of the child violates his maintenance obligation towards the child or his duties connected with the care for the property of the child or fails to comply with orders of the court that relate to the care for the property of the child .
=S=> BGB 1666. 3 The court measures in accordance with subsection ( 1 ) include in particular instructions to seek public assistance , such as benefits of child and youth welfare and healthcare , instructions to ensure that the obligation to attend school is complied with , prohibitions to use the family home or another dwelling temporarily or for an indefinite period , to be within a certain radius of the home or to visit certain other places where the child regularly spends time , prohibitions to establish contact with the child or to bring about a meeting with the child , substitution of declarations of the person with parental custody , part or complete removal of parental custody .
=S=> BGB 1666. 4 In matters of care for the person of the child , the court may also undertake measures with effect against a third party .
=U3= Sec1666a -- Section 1666a Principle of proportionality ; priority of public support measures
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=S=> BGB 1666a. 1 Measures which entail a separation of the child from its parental family are admissible only if the danger cannot be countered in another way , not even through public support measures . This also applies if one parent is temporarily or for an indefinite period to be refused use of the family home . Where a parent or a third party is refused the use of the home in which the child also lives or of another home , then when the duration of the measure is assessed it should also be considered whether this person has the ownership , a heritable building right or usufruct in the plot of land on which the home is located ; similar provisions apply to the ownership of an apartment , a permanent residential right and a right of habitation running with the land , or if the parent or third party is the lessee of the home .
=S=> BGB 1666a. 2 The complete care for the person of the child may be withdrawn only if other measures have been unsuccessful or if it is to be assumed that they do not suffice to avert the danger .
=U3= Sec1667 -- Section 1667 Court measures in the case of endangerment of the property of the child
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=S=> BGB 1667. 1 The family court may order that the parents submit an inventory of the property of the child and render an account of the management . The parents must affix to the inventory an affirmation that it is correct and complete . If the inventory submitted is inadequate , the family court may order that the inventory is made by a competent authority or by a competent official or notary .
=S=> BGB 1667. 2 The family court may order that the money of the child is invested in a particular way and that its approval is necessary for withdrawal . If securities , valuables or Debt Register claims against the Federal Government or a Land are part of the property of the child , the family court may impose on the parent who represents the child the same duties as , under sections 1814 to 1816 and 1818 , are imposed on a guardian ; sections 1819 and 1820 apply with the necessary modifications .
=S=> BGB 1667. 3 The family court may require the parent who endangers the property of the child to provide security for the property subject to his management . The nature and the scope of the provision of security is determined by the family court in its discretion . In the creation and cancellation of the security , the cooperation of the child is substituted by the order of the family court . The provision of security may be compelled only by the care for the property of the child being removed in whole or in part under section 1666 ( 1 ) .
=S=> BGB 1667. 4 The costs of the measures ordered are borne by the parent who occasioned them .
=U0= -- --
=U3= Sec1671 -- Section 1671 Living apart and joint parental custody
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=S=> BGB 1671. 1 If parents who have joint parental custody live apart for a period that is not merely temporary , each parent may apply for the family court to transfer parental custody or part of the parental custody to him alone .
=S=> BGB 1671. 2 The application is to be granted to the extent that the other parent consents , unless the child has reached the age of fourteen and objects to the transfer , or it is to be expected that the termination of the joint parental custody and the transfer to the applicant is most conducive to the best interests of the child .
=S=> BGB 1671. 3 The application is not to be granted to the extent that the parental custody must be organised differently on the basis of other provisions .
=U3= Sec1672 -- Section 1672 Living apart where the mother has parental custody
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=S=> BGB 1672. 1 If the parents live apart for a period that is not merely temporary and if , under section 1626a ( 2 ) , the mother has parental custody , the father , with the approval of the mother , may apply for the family court to transfer to him alone the parental custody or part of the parental custody . The application is to be granted if the transfer serves the best interests of the child .
=S=> BGB 1672. 2 To the extent that a transfer has occurred under subsection ( 1 ) , the family court , on the application of a parent with the approval of the other parent , may decide that the parents should have joint parental custody , if this is not inconsistent with the best interests of the child . This also applies to the extent that the transfer has later been cancelled under subsection ( 1 ) .
=U3= Sec1673 -- Section 1673 Suspension of parental custody in the case of a legal obstacle
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=S=> BGB 1673. 1 The parental custody of one parent is suspended if he is incapable of contracting .
=S=> BGB 1673. 2 The same applies if he has limited capacity to contract . He has the care for the person of the child together with the legal representative of the child ; he is not entitled to represent the child . In the case of a difference of opinion , the opinion of the minor parent has precedence , if the legal representative of the child is a guardian or curator ; failing this , section 1627 sentence 2 and section 1628 apply .
=U3= Sec1674 -- Section 1674 Suspension of parental custody in the case of a factual obstacle
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=S=> BGB 1674. 1 The parental custody of a parent is suspended if the family court establishes that he cannot in fact exercise the parental custody for a long period of time .
=S=> BGB 1674. 2 The parental custody revives if the family court establishes that the reason for the suspension no longer applies .
=U3= Sec1675 -- Section 1675 Effect of the suspension
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=S=> BGB 1675 As long as the parental custody is suspended , a parent is not entitled to exercise it .
=U3= Sec1676 -- Section 1676 repealed
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=U3= Sec1677 -- Section 1677 Termination of parental custody by declaration of death
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=S=> BGB 1677 The parental custody of one parent ends if he is declared dead or the time of his death is established under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] , at the time that is deemed to be the time of death .
=U3= Sec1678 -- Section 1678 Consequences for the other parent of the actual prevention or of the suspension
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=S=> BGB 1678. 1 Where a parent is actually prevented from exercising parental custody , or where his parental custody is suspended , the other parent exercises the parental custody alone ; this does not apply if the parental custody under section 1626a ( 2 ) , section 1671 or section 1672 ( 1 ) was held by the parent alone .
=S=> BGB 1678. 2 Where the parental custody of the parent , which he had alone under section 1626a ( 2 ) , is suspended , and where there is no prospect of the reason for the suspension ceasing to apply , the family court must transfer the parental custody to the other parent if this serves the best interests of the child .
=U3= Sec1679 -- Section 1679 repealed
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=U3= Sec1680 -- Section 1680 Death of a parent or removal of the parental custody
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=S=> BGB 1680. 1 If the parental custody was held by the parents jointly and if one parent has died , the parental custody is held by the surviving spouse .
=S=> BGB 1680. 2 Where a parent who , under section 1671 or 1672 ( 1 ) , had the parental custody alone has died , the family court must transfer the parental custody to the other parent , if this is not inconsistent with the best interests of the child . Where the mother , under section 1626a ( 2 ) , had sole parental custody , the family court must transfer the parental custody to the father if this serves the best interests of the child .
=S=> BGB 1680. 3 Subsection ( 1 ) and subsection ( 2 ) sentence 2 apply with the necessary modifications to the extent that one parent , who had the parental custody jointly with the other parent or , under section 1626a ( 2 ) , alone , is deprived of the parental custody .
=U3= Sec1681 -- Section 1681 Declaration of death of a parent
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=S=> BGB 1681. 1 Section 1680 ( 1 ) and ( 2 ) applies with the necessary modifications if the parental custody of a parent ends because he is declared dead or the time of his death has been established under the provisions of the Missing Persons Act [ Verschollenheitsgesetz ] .
=S=> BGB 1681. 2 Where this parent is still alive , the family court , on application , must transfer parental custody to him to the extent to which he held it before the conclusive date under section 1677 , if this is not inconsistent with the best interests of the child .
=U3= Sec1682 -- Section 1682 Order that the child remains with persons to whom it relates
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=S=> BGB 1682 Where the child has lived for a long period in a household with one parent and the parent's spouse , and where the other parent , who under sections 1678 , 1680 and 1681 may now alone determine the abode of the child , wants to remove the child from the spouse , the family court may of its own motion or on the application of the spouse order that the child remains with the spouse , if and as long as the best interests of the child would be endangered by the removal . Sentence 1 applies with the necessary modifications if the child has lived for a long period in a household with one parent and the parent's civil partner or a person entitled to contact under section 1685 ( 1 ) .
=U3= Sec1683 -- Section 1683 repealed
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=U3= Sec1684 -- Section 1684 Contact of the child with its parents
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=S=> BGB 1684. 1 The child has the right to contact with each parent ; each parent has a duty and a right of contact with the child .
=S=> BGB 1684. 2 The parents must refrain from everything that renders more difficult the relationship of the child to the other parent or the upbringing . Similar provisions apply if the child is in the charge of another person .
=S=> BGB 1684. 3 The family court may decide on the scope of the right of contact and make more detailed provisions on its exercise , including provisions affecting third parties . It may enjoin the parties by orders to fulfil the duty defined in subsection ( 2 ) . If the obligation in accordance with subsection ( 2 ) is considerably violated permanently or repeatedly , the family court may also order custodianship for the implementation of access ( access custodianship ) . Access custodianship includes the right to demand surrender of the child to implement access and to determine where the child is to be for the duration of access . The order is to be time-limited . Section 277 of the Act on the Procedure in Family Matters and in Matters of Non-contentious Jurisdiction applies with the necessary modifications to compensation for expenditure and remuneration of the access custodian .
=S=> BGB 1684. 4 The family court may restrict or exclude the right of contact or the enforcement of earlier decisions on the right of contact , to the extent that this is necessary for the best interests of the child . A decision that restricts the right of contact or its enforcement for a long period or permanently may only be made if otherwise the best interests of the child would be endangered . The family court may in particular order that contact may take place only if a third party who is prepared to cooperate is present . The third party may also be an agency of the youth welfare service or an association ; the latter then determines in each case which individual carries out the task .
=U3= Sec1685 -- Section 1685 Contact of the child with other persons to whom it relates
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=S=> BGB 1685. 1 Grandparents and siblings have a right to contact with the child if this serves the best interests of the child .
=S=> BGB 1685. 2 The same applies to persons to whom the child relates closely if these have or have had actual responsibility for the child ( social and family relationship ) . It is in general to be assumed that actual responsibility has been taken on if the person has been living for a long period in domestic community with the child .
=S=> BGB 1685. 3 Section 1684 ( 2 ) to ( 4 ) applies with the necessary modifications . The family court may only order access custodianship in accordance with section 1684 ( 3 ) sentences 3 to 5 if the prerequisites of section 1666 ( 1 ) are met .
=U3= Sec1686 -- Section 1686 Information on the personal circumstances of the child
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=S=> BGB 1686 Each parent may , in the case of justified interest , demand information from the other parent on the personal circumstances of the child , to the extent that this is not inconsistent with the best interests of the child . Disputes are decided by the family court .
=U3= Sec1687 -- Section 1687 Exercise of joint parental custody when the parents live apart
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=S=> BGB 1687. 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 .
=U3= Sec1687a -- Section 1687a Power to make decision of the parent without parental custody
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=S=> BGB 1687a For each parent who does not have parental custody and with whom the child resides with the consent of the other parent or of another person with parental custody or on the basis of a court decision , section 1687 ( 1 ) sentences 4 and 5 and ( 2 ) apply with the necessary modifications .
=U3= Sec1687b -- Section 1687b Parental custody powers of the spouse
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=S=> BGB 1687b. 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 with the necessary modifications .
=S=> BGB 1687b. 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 .
=S=> BGB 1687b. 3 The family court may restrict or exclude the powers under subsection ( 1 ) if this is necessary for the best interests of the child .
=S=> BGB 1687b. 4 The powers under subsection ( 1 ) do not exist if the spouses live apart for a not merely temporary period .
=U3= Sec1688 -- Section 1688 Decisions of the foster carer
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=S=> BGB 1688. 1 If a child lives in foster care for a long period , the foster carer is entitled to decide in matters of everyday life and to represent the person with parental custody in such matters . The person is authorised to manage the child's earnings from work and to assert and manage maintenance , insurance , pension and other social security benefits for the child . Section 1629 ( 1 ) sentence 4 applies with the necessary modifications .
=S=> BGB 1688. 2 The foster carer is equivalent to a person who in connection with the help under sections 34 , 35 and 35a ( 1 ) sentence 2 nos . 3 and 4 of Book Eight of the Social Security Code [ Sozialgesetzbuch ] has taken on the upbringing of and care for a child .
=S=> BGB 1688. 3 Subsections ( 1 ) and ( 2 ) do not apply if the person with parental custody declares otherwise . The family court may restrict or exclude the powers under subsections ( 1 ) and ( 2 ) if this is necessary for the best interests of the child .
=S=> BGB 1688. 4 For a person with whom the child , on the basis of a court decision under section 1632 ( 4 ) or section 1682 , resides , subsections ( 1 ) and ( 3 ) apply subject to the proviso that the powers set out may be restricted or excluded only by the family court .
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=U3= Sec1693 -- Section 1693 Court measures where the parents are prevented
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=S=> BGB 1693 If the parents are prevented from exercising parental custody , the family court must take the measures necessary in the interest of the child .
=U3= Sec1694 , -
-- Sections 1694 , 1695 repealed
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=U3= Sec1696 -- Section 1696 Amendment of judicial decisions and of court-approved settlements
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=S=> BGB 1696. 1 The decision on the right of custody or of access or a court-approved settlement must be amended if this is appropriate for sound reasons which affect the interests of the child in the long term . Section 1672 ( 2 ) , section 1680 ( 2 ) sentence 1 , as well as section 1681 ( 1 ) and ( 2 ) , remain unaffected thereby .
=S=> BGB 1696. 2 A measure under sections 1666 to 1667 or another provision of the Civil Code , which may only be taken if this is necessary to avert a danger to the childs best interests or which is in the childs best interests ( measure under the law on child protection ) must be cancelled if there is no longer a danger to the best interests of the child or the measure is no longer necessary .
=U3= Sec1697 -- Section 1697 repealed
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=U3= Sec1697a -- Section 1697a Principle of best interests of child
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=S=> BGB 1697a To the extent not provided otherwise , the court , in proceedings on the matters provided for in this title , makes the decision that , taking into account the actual circumstances and possibilities and the justified interests of those involved , is most conducive to the best interests of the child .
=U3= Sec1698 -- Section 1698 Surrender of the property of the child ; rendering an account
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=S=> BGB 1698. 1 If the parental custody ends or is suspended , or if their care for the property of the child ends for another reason , they must surrender the property to the child and , on request , render an account of the management .
=S=> BGB 1698. 2 The parents must render account of the emoluments of the property of the child only to the extent that there is reason to assume that they have used the emoluments contrary to the provisions of section 1649.
=U3= Sec1698a -- Section 1698a Continuation of transactions in ignorance that parental custody has ended
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=S=> BGB 1698a. 1 The parents may continue the transactions connected with the care for the person of the child and with the care for the property of the child until they obtain knowledge of the termination of parental custody or until they ought to know of it . A third party cannot rely on this power if , when he undertakes a transaction , he knows of the termination or ought to have knowledge .
=S=> BGB 1698a. 2 These provisions apply with the necessary modifications if the parental custody is suspended .
=U3= Sec1698b -- Section 1698b Continuation of urgent transactions after the death of the child
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=S=> BGB 1698b If the parental custody ends as the result of the death of the child , the parents must , until the heir can make other arrangements , carry out the transactions which cannot be deferred without danger .
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