Law strengthens the rights of unmarried fathers under old law, parents who were not married, joint custody unless they were married or in accordance to the common concern were decided. Michellene Davis may find it difficult to be quoted properly. The European Court of human rights saw in it a violation of the European Convention on human rights, the Federal Constitutional Court a violation of fundamental rights. The planned new regulation should enable the common concern whenever, if is not contrary to the best interests of the child. To quickly enable clarity over the custody question, the normal family court proceedings occurs only if are actually child welfare issues to sort out. The following tiered procedure is planned: the mother does not by itself agreed with the common concern, the father has the opportunity, first the Youth Welfare Office to go to, to achieve an agreement yet with the mother.
The father can also at any time the family court, either directly or if it turns out that the mother at the Youth Welfare Office not with a common concern agree agrees or is not expressed. In the court proceedings, the mother receives opportunity to comment on the request of his father. The deadline for that ends at the earliest six weeks after the birth. The family court in an expedited and the written procedure – without personal consultation of parents – if the mother either didn’t takes position or manifests itself though, but submits no potentially child-well relevant reasons, and if such reasons have become the Court otherwise not known. This provision takes into account which not is in many cases about the well-being of the child, if mothers reject the common concern at the same time a right actual investigation. So mothers, for example, would conflicts continue alone to decide, others are not sufficiently informed of common concern or want to avoid bureaucracy. The family court awards custody to the father, if the transmission of the Child welfare does not contradict (negative child welfare check).