German Federal Court strengthens parental rights in child custody cases

The German Federal Court of Justice (BGH) has ruled that youth welfare offices must adhere to strict formal requirements when taking children into custody. The court emphasized that separating a child from its parents constitutes a significant intervention in parental rights protected under Article 6 of the Basic Law.

The ruling follows a case from 2018 where a youth welfare office removed a five-year-old girl from her kindergarten and placed her in foster care, citing an acute risk of danger. However, the BGH found that the authorities failed to sufficiently inform the parents about the measure and their right to object. The court stated that providing parents with the opportunity to contest such actions is a mandatory legal requirement rather than a mere formality.

Because the authorities failed to prove that the parents were fully informed and understood the consequences, the BGH identified a breach of official duty. The case, which involves claims for pain and suffering and damages, has been referred back to the Higher Regional Court of Bamberg for further examination regarding state liability.