title: [Family tension during suspected abuse situations].
abstract: In cases of mere suspicion, interference with the civil rights of the suspect or of another person are justified only for the purpose of clarifying the suspicion. Interference intended to climinate the alleged threat are prohibited. In order to establish facts without a hearing, a medical and psychological examination of the child in question needs to be considered. Separation of the child from its family, or interruption or even termination of contact with the person having custody of the young children is generally forbidden during the period of investigation. If the child definitely refuses contact with the suspect while the facts are being investigated, a supervised right to access to the child is the least intrusive intervention that can be considered. The supervised right of access is adequate if it is limited to the time necessary to establish the facts. Intervention by the court during the period of investigation is allowed only within the limits indirectly inferred in the civil rights provided in Article 6. The court must consider the interests of the entire family, particularly the well-being of the other underage children who are members of that family.
authors.affiliation: Oberlandesgericht Stuttgart.
authors.forename: R
authors.initials: R
authors.lastname: Häussermann
mesh_terms: D000293:Adolescent; D002648:Child; D002650:Child Abuse, Sexual / Q000331:legislation & jurisprudence* / Q000523:psychology; D002655:Child Custody / Q000331:legislation & jurisprudence*; D002669:Child Welfare / Q000331:legislation & jurisprudence*; D002675:Child, Preschool; D005104:Expert Testimony / Q000331:legislation & jurisprudence; D005190:Family / Q000523:psychology*; D005260:Female; D005858:Germany; D006801:Humans; D008297:Male