Your relationship with your parents is not terminated just because you have been taken out of your family and are now cared for by a legal guardian, foster family or carers in a child care institution. You are still a family. In such a situation, both you and your parents may wish to be together again and be reunited. This interest is protected by a human right called the right to a family life.
Support for your return to family
While you are being cared for by people other than your family, municipal institutions such as the Orphan’s Court, can support and educate your parents. They make it easier in this way to prepare them for your return.
At the same time, the people who are caring for you, your foster parents, legal guardian or child care institution, should encourage and help you to renew your relationship with your parents.
example It is very important that you can get to see your parents while you are not living with them, unless this would not be in your best interests. This helps you to feel close to each other and you should, therefore, be able to meet sufficiently often. Otherwise, it may be very difficult to reunite if you have lost your relationship with your family,.
Reassessment and return to family
The authorities must regularly re-examine the situation with your family to see whether it has improved. Your parents can also request a court or the Orphan’s Court to reassess the situation if they feel that the circumstances have changed. These authorities will then decide whether you can be returned to your family.
Normally you should be returned to your family as soon as possible where:
- the reason for why you were separated from your family has disappeared and your family can ensure favourable conditions for you
example You may be separated from your family if your parents had serious addictions and due to these they didn’t care for you as they should have. The situation can be reassessed and you may be returned to your family if your parents have successfully completed rehabilitation and are now able to take proper care of you.
- family reunification is in your best interests
Normally it is in your interests that your family can be together again. However, if you have been together with your foster parents or legal guardian for a longer time and you have a close relationship with them, it may be better to stay with them. In this case, the state institutions will listen to you and decide what is in your best interests.