Every family occasionally encounters problems when raising children. When they encounter such problems, parents tend to first turn to relatives, friends or local care providers. This is referred to as voluntary assistance. However, the reporting party can contact the Guardianship Council if voluntary assistance does not resolve the problems, and the child continues to suffer.
Step by step
What happens if the Guardianship Council is asked to address problems at home?
A council investigator will investigate the situation of the child and the family. She will talk to the child, parents and other people who are familiar with the child. She will then compile a report that contains advice about the best solution for the problems. It may be, that continuing with voluntary assistance is best. The Guardianship Council will then share ideas about the best way to do this. However, the council investigator may also feel that compulsory assistance is needed. The Guardianship Council will then go to court and ask for a child protection measure to be imposed.
The council investigator will only make this request if it appears that:
voluntary assistance does not work (any longer);
parents are refusing to cooperate with voluntary assistance;
there are several major upbringing-related problems;
If the Guardianship Council goes to court, a meeting will be arranged at the courthouse: the court hearing. The parents will be invited to this hearing. The child will also receive an invitation if s/he is over 12 years old. Parents are entitled to appoint a lawyer. A lawyer can help parents during the court hearing.
The judge will read the investigation as well as the Guardianship Council's request for supervision. During the hearing, the judge will also ask questions and listen to the story of the parents and the child.
The judge will then make a decision. If the judge imposes a child protection measure the parents will be obligated to cooperate with it. The parents can appeal this court decision. The Guardianship Council may also do so.
