Rights of the Child in Court Proceedings in the Legal System of the Federal Republic of Germany – Analysis of the Previous Experience – Prof. dr hab. Ewa Tuora-Schwierskott

Proceedings in matters relating to children are pending before family courts in Germany, in particular issues related to the regulation of parental authority over a child, the right to contact with a child, the principles of alimony, child care, and the appointment of a guardian or other representative for a minor. The court’s task is to reach an agreement between the parents. When this is not possible, the child tries to proceed as quickly as possible in the event of a need to protect the child’s rights. It is also possible to benefit from professional legal assistance provided by the child’s legal advisor, who will explain his rights and help with the conflict of loyalties the child feels. The court may propose mediation proceedings. Mediation in matters involving children is extremely important and contributes to the protection of the child’s well-being and mental health. It also emphasizes that after divorce or separation, parents are responsible for the child and its well-being.