Die Beteiligung und Vertretung des Kindes in Kindschaftssachen

For some years now, family courts have been confronted with parents in child custody cases who refused to allow the guardian ad litem to have contact with the child, mandated their own lawyer for the child or otherwise intended to delay or obstruct the proceedings. In addition, there have been cases in which older children themselves commissioned a lawyer to represent their interests in order to actively influence the proceedings. Taking into account current developments in case law, literature and legislation, the author deals with the question of how the child's rights of participation and representation in child custody cases are and should be structured.