Right of access - applying for arrangements for access to the child

If you cannot reach an agreement as parents, the youth welfare office is your first port of call.
It will advise you or refer you to other counselling centres.
Only if these efforts have failed should you apply to the court.

Please note: As person with rights of access, you are entitled to counselling and support from the youth welfare office.

If the contact/access is harmful to the child, the court can

  • temporarily or permanently restrict or
  • exclude it completely.

A milder solution would be to allow you to see the child in the presence of a third party. A youth welfare organisation can accompany the visits.

Prerequisite

  • They want more contact or different times for contact.
  • It is not possible to reach an agreement with the parent in charge, not even with the help of the youth welfare office.

Responsible department

  • the local court (family court) in whose district the child usually resides
  • the family court dealing with the divorce proceedings

Note: In certain cases, another court may also have jurisdiction. Seek advice from a lawyer.

Procedure

Apply to the court in writing to arrange contact.

The court will forward your application to the other parent and the youth welfare office with a request for comments.

You will receive copies as soon as these statements are available.

Any person authorised to have contact can make the application.These are primarily the parents. Grandparents and siblings have a right of access if this is in the best interests of the child. Other close carers may also have a right of access in the event of close social and family ties.

The court will then work towards an amicable solution.

As a rule, you will be summoned to a hearing within one month of filing your application and must appear there.

The court must usually also hear the child in the course of the proceedings. It can appoint a guardian ad litem for the child as the "child's lawyer". The youth welfare office is also involved and attends the hearing.

As parents, you can present your wishes and concerns at the hearing. If an amicable solution is reached, for example through the mediation of lawyers, the court will record this. You will receive a copy by post.

If no agreement is reached at the hearing, the court will decide.

Deadlines

none

Required documents

none

Describe as precisely as possible in your application how contact is to be organised, for example when and where you would like to pick up and drop off the children.

Costs

  • Advice from the youth welfare office: free of charge
  • Court proceedings: depending on the individual case
    Decisive factors include
    • the amount in dispute, which is determined by the court and depends on the complexity of the contact arrangement and
    • whether third parties are involved, for example lawyers or guardians ad litem.

Processing time

Child custody cases always have priority. They are processed as quickly as possible.

Miscellaneous

In the best interests of the child, all parties involved should try to regulate the right of access by mutual agreement.

Appeal

Please seek legal advice in individual cases.

Legal basis

Bürgerliches Gesetzbuch (BGB):

  • § 1684 Umgang des Kindes mit den Eltern
  • § 1685 Umgang des Kindes mit anderen Bezugspersonen

Release note

machine generated, based on the German release by: Justizministerium Baden-Württemberg, 21.03.2025