You and your parents have the right to live together. This right is protected by a human right called the right to a family life. You may only be separated from your family in special circumstances which are listed by the law.
Conditions
You may only be separated from your family in circumstances which are listed by the law. These circumstances are where:
- it is either established or suspected that you are a victim of domestic violence threatening your life or health
- your development, health or life are seriously threatened because your parents don’t take sufficient care of you or your domestic circumstances negatively affect your development
- you have committed a crime
- you seriously threaten your own health by taking alcohol or narcotics
Generally, if the domestic circumstances you are experiencing can be fixed without separating you from your family, then this should be tried first. This does not apply where you have been detained on remand or committed a crime and given a prison sentence. In other circumstances the state authorities must carefully evaluate whether it really is necessary to separate you from your family.
important The fact that you have been separated from your family does not mean that your relationship with your family has ended. You will still have the right to maintain contact with your parents.
Aspects for evaluation
If the state authorities decide to separate you from your family, such decision has to have very good reasons. This decision should also be taken only after following all legal conditions and procedures, otherwise it may violate the human right to a family life of you and your parents.
If the state institutions decide to separate you from your family, they have to take several important aspects into account. The most important is your best interests.
Read more about the aspects that must be evaluated if you are separated from your family.
Placement into out-of-family care
Separation from your family means that you cannot live with them for the time being. This entails the Orphan’s Court placing you into out-of-family care. In this case, you will be cared for by either a legal guardian or a foster family. You may also be placed in a specialized child care institution. You may also spend some time in hospital if this can help you and improve your mental and physical condition.
Return to your family
While you are separated from your family and are living elsewhere, the local municipality will work with your parents and try to solve the reasons why you were separated from them. There are many ways that the municipality can help your parents. For example, by educating them or providing social and other assistance. This is done to promote your return to your family. You should be returned to your family when favourable conditions can once again be ensured for you there.
Read more about aspects that are important when deciding on your return to family.
Who can help you?
While you are separated from your family, you may be living with your legal guardian, foster family or in a child-care institution. If you feel that they are restricting your rights without justification or you have other disputes with them that you cannot resolve, you should seek help at the Orphan’s Court in your municipality.
The Orphan’s Court is a state authority the task of which is to protect your best interests and to settle disputes between you and the persons caring for you. It will decide how to settle these disputes and whether you should be taken out of a legal guardian’s or a foster family’s care.
Read more about who can help you.