👨👩👧 Children in the household: child protection, youth welfare office, family court
In brief
Children who witness domestic violence – even without being directly attacked themselves – are regarded in expert and legal terms as affected by a risk to child welfare (Kindeswohlgefährdung). The youth welfare office (Jugendamt) has a statutory duty to protect (§ 8a SGB VIII) and can be brought in, also anonymously via a child protection hotline. Where a risk to child welfare is established, the family court can take measures under § 1666 BGB – up to restrictions on the custody rights of the violent parent. The other parent's right of contact in principle continues after a separation, but can be restricted or granted only on a supervised basis if a risk is proven.
Step by step
- Report acute dangerIn acute danger to a child: contact the youth welfare office or a child protection hotline; in immediate danger, the police (110).
- Raise the violence activelyExpressly name witnessed domestic violence to the advice centre, lawyer or court – it is not automatically carried over from a parallel protection-against-violence procedure.
- Have custody/contact rights reviewedIf needed, apply to the family court for an adjustment of custody or contact rights.
- Involve the childOlder children are heard by the family court (§ 159 FamFG); a procedural guardian can represent the child's interests in the proceedings.
- Support for the childConsider separate, child-appropriate counselling or trauma services for the child (see Psychological support).
Deadlines
- The other parent's right of contact does not end automatically with a separation because of violence – the family court decides in the individual case whether and how (e.g. only supervised) contact takes place.
- A protection order under the Gewaltschutzgesetz against a parent is not automatically taken as the basis of custody/contact proceedings – the violence witnessed should be actively reported to the court and the procedural guardian.
- Contact with the youth welfare office does not automatically mean a report of a risk to child welfare against the affected parent themselves – the youth welfare office examines the specific situation and often also supports with offers of help.
In depth · legal basis, figures and practice – for advisers and professionals
Protective mandate of the youth welfare office
§ 8a SGB VIII obliges the youth welfare office (Jugendamt) to act where there are significant indications of a risk to child welfare – to assess the risk together with the persons with custody (as far as possible) and to offer suitable help, and if necessary also to call on the family court.
Family court measures
§ 1666 BGB allows the family court, where child welfare is at risk, to proceed in stages – from conditions and orders to (partial) withdrawal of parental custody if milder means are not sufficient. For minor children from a certain age, a personal hearing takes place (§ 159 FamFG); a procedural guardian (§ 158 FamFG) can be appointed to represent the child's interests independently of the parents.
Right of contact (§ 1684 BGB)
The right of contact in principle continues regardless of the reason for the separation, since contact with both parents is regularly regarded as serving the child's welfare. Where a risk is proven, the court can restrict contact, permit it only on a supervised basis (supervised contact) or, in exceptional cases, exclude it entirely.
Further topics on custody and contact rights
The general basics of custody and contact rights after a separation – regardless of any connection to violence – are covered in detail by the Wegweiser module for single parents: Custody and contact rights.
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