GERMANY Law and Practice Contributed by: Marie Baronin von Maydell, Sophie Beckers, Sarah Schreinemachers and Rebecca Mohr, MAYDELL FamilyLaw
Family Counselling Centres Organisations such as Caritas and Diakonie or munici ‑ pal counselling centres offer guidance to help parents resolve disputes outside of court. Legal Framework Section 156 of the FamFG requires courts to inform parties about counselling services provided by Child and Youth Welfare Agencies, with the aim of develop ‑ ing a mutually agreeable plan for parental custody and responsibility. Courts may also inform parties about the availability of mediation. While courts can recommend or require participation in counselling, such participation cannot be enforced. Counselling is effective only if parents engage will ‑ ingly – participation under compulsion or for strategic reasons is unlikely to succeed. Legal Effect of Out-of-Court Agreements Agreements reached outside of court carry the legal status of a civil law contract. They are often notarised or recorded as a court settlement. However, even court-approved settlements can only be enforced if the court has first heard the child and approved the settlement. 3.5 Media Access and Transparency in Children Proceedings According to Section 170 of the GVG, proceedings and hearings in family matters are not public. Media representatives are not permitted to attend, and any published judgments are anonymised to protect the identities of the parents and children involved.
In custody matters, the child’s best interests remain the guiding principle, as custody decisions are not intended to sanction parental behaviour. In its decision dated 17 November 2023, the Federal Constitutional Court ( Bundesverfassungsgericht ) addressed Parental Alienation Syndrome (PAS), stating that it is an “out ‑ dated and scientifically refuted concept” and cannot serve as a reliable basis for judicial decisions (1 BvR 1076/23). With regard to access, a child may sometimes refuse contact with one parent in order to avoid conflicts between the parents. Ignoring or overriding the child’s expressed will in such cases could itself pose a risk to the child’s welfare. Whether in an individual case the disadvantages associated with potential parental alienation outweigh the risk arising from the restriction of the child’s autonomy can be evaluated through a specialised expert if the court is unable to assess it directly. 3.4 ADR in Child Law Matters Mediation Mediation is a central tool in resolving child law mat ‑ ters. A neutral mediator helps parents to develop mutually agreed solutions on issues such as custody, visitation and child support. The parties retain control over decisions, and conflicts can often be resolved more quickly and with less stress than in court. Media ‑ tion itself, however, cannot be ordered by the Family The Youth Welfare Office ( Jugendamt ) plays an impor ‑ tant role, especially when minor children are involved. It can act as a contact point, provide information on parental rights and obligations, facilitate discussions and make proposals in the child’s best interests. Fur ‑ thermore, is it always a party to proceedings in child- related proceedings by law. Court, and participation is voluntary. Role of the Youth Welfare Office
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