A small outline
When is a procedural assistant appointed?
Children often become helpless objects of contention in family proceedings. They quickly find themselves caught between the adult fronts and conflicts of loyalty.
A legal adviser is usually called in if
the interests of the child and their parents are in considerable contrast
separation of the child from the parents because of endangering the best interests of the child is possible
the child is to be separated from the person in whose care it is
it is about surrendering the child
the exclusion or a substantial restriction of the access / visit rights comes into consideration
From September 1st, 2009 the legal figure of the guardian ad litem according to § 50 FGG was replaced by the procedural advisor according to § 158 FamFG
The law contains the obligation of the court to appoint a suitable legal adviser, provided that the criterion of necessity is given.
In this function, I support the court on its behalf to guarantee the fundamentally protected position of the child.
Advocate for the child
I arrange house calls with the parents, but I also speak to the child alone. During home visits, I observe the interaction between the child and the respective parent and the interaction between the siblings. It is important that the child feels that they are being taken seriously. For the duration of the procedure, I am the child's contact person and try to ensure that the child is burdened as little as possible by the procedure.
As procedural counsel and so-called "child's lawyer", I investigate and represent the child's subjective and objective interests
in family court proceedings. I accompany the child or adolescent through the procedure by expressing their point of view, taking their wishes and needs into account and explaining the subject of the procedure and the current situation to them in an age-appropriate manner.
If necessary, I prepare the child for court hearings and appointments and, if necessary, accompany them to appointments and hearings in court.
The follow-up to the proceedings is also in my care.
Depending on the case, I also hold talks with the child's parents or other caregivers (siblings, grandparents, educators, carers, employees of the youth welfare office, experts, etc.).