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# Parental Care ## Rights and Duties of Guardianship * Various rules for unmarried and married families. * Basis: Change in family concepts. * Right to time lag. ## Components of Parental Care (§ 1631 Paragraph 1 BGB) * **Person-care** (§§ 1626 I, 1631 I) * Care/Upbringing * Residence...

# Parental Care ## Rights and Duties of Guardianship * Various rules for unmarried and married families. * Basis: Change in family concepts. * Right to time lag. ## Components of Parental Care (§ 1631 Paragraph 1 BGB) * **Person-care** (§§ 1626 I, 1631 I) * Care/Upbringing * Residence * Supervision * Contact ## Family and Law M 9.2 * **Actual care:** Caregivers in the game --> Parents decide to retrieve K * **Statutory care:** Biological parents --> Can change in case of risk to K (binding decision, family court) * **Property care** § 1626 I * Actually: e.g., will executor * Statutorily: Parents * **Consensus principle** § 1627 BGB - joint action § 1629 ## Right to Determine * Legislative provisions: * General maximum: Child well-being * Specific contact § 1626 III: e.g., prohibition under supervision during separation by Kwg * Educational goal: Independence K § 1626 II * Educational style irrelevant: --> Prohibition of violence (also psychological) § 1631 II * Consideration of child autonomy § 1626 II * Specific for training § 1631a: only compulsory schooling, rest * Parental decisions up to age 18 * Restrictions: § 1631b Accommodation (deprivation of liberty in case of, e.g., suicidal tendencies) * § 1666 Child endangerment * Regarding the child, e.g., contact, residence * Enforcement: § 1631 III: Support of parents by Family Court * Regarding third parties, e.g., grandparents: residence § 1632 I, contact § 1632 II * Enforcement: §823 Damages, §1632 III demand for return, §1632 III ## Demand for Return §1632 * Prerequisite: Parental care