Familie - Grundlagen und kultureller Rahmen

Family law is based on fundamental rights, like the protection of marriage and family (Art. 6 GG) and equality between couples (Art. 3 para. 1). It focuses on parents' relationship to children and includes rights like maternity protection and equal rights for all children.

The BVerfG (German Federal Constitutional Court) defines family broadly, including step-children, adoptive children, foster children, and non-marital children. The focus is on the actual living community, fostering, and upbringing between individuals.

The BGB (German Civil Code) from 1900 doesn't define 'family' as a community, rather it focuses on the rights and duties within legally recognized relationships (marriage, kinship). It is often outdated when considering family structures.

The EMRK (European Convention on Human Rights, Art. 8) protects the right to private and family life, limiting state interference unless justified. Art. 14 protects against discrimination.

Family law is influenced by societal, community, and cultural norms and beliefs throughout time and across different communities.

Includes person-care (care/upbringing, residence, supervision, contact), and property care (e.g., will executor, parents).

Care provided by caregivers actively participating in a child's life (e.g., deciding what is best for the child), parents making decisions regarding children.

Care mandated by law, often the biological parents (unless overridden due to risk of harm to the child), and it can change due to legal decisions of the family courts.

Joint action by parents in matters related to the child's upbringing and care. §1629 might apply to the principle.

Parents have the right to make decisions regarding the child, for instance choices regarding contact, residence until the child is 18, with conditions that ensure child well-being.