Vormundschaft: Verfahrensbeistand bei Bestellung eines Vormunds

If a guardian has to be appointed for a minor child, the court must appoint a guardian ad litem if this is necessary to protect the child's interests in the court proceedings.

The guardian ad litem must determine the interests of the child and assert them in the court proceedings.

Note: The guardian ad litem does not have any legal powers to legally represent the child.

If the child is adequately represented by a lawyer or another suitable legal representative, a guardian ad litem is not necessary.

The guardian ad litem is selected by the family court. The law does not stipulate any specific qualifications. Depending on the circumstances of the case, child psychologists, social pedagogues or lawyers may be considered, as well as close persons (relatives) with whom the child has particular trust.

The guardianship ends with the appointment of a guardian.

A guardian ad litem is appointed if representation of the child's interests cannot otherwise be guaranteed to the necessary extent, even if the child is not heard.

The court appoints the guardian ad litem ex officio. An application is not required.

Note: If the legal guardianship is conducted on a professional basis, the legal guardian (in each legal action) receives a one-off fee of 350 euros. In individual cases, the remuneration may increase to 550 euros. If the legal guardianship is not conducted on a professional basis, the legal guardian will be reimbursed for his/her expenses (in accordance with the provisions of Section 277 Para. 1 FamFG).

is the local court (family court) in whose district the ward has his or her habitual residence.