Law for the closest relationships.
Family law decides who is a parent, who decides for a child, who may see them and who pays. In 2026 the ministry proposed the most comprehensive reform of custody and contact law in years.
Violence weighs in
Family courts must take domestic violence into account in custody and contact decisions; contact can be excluded where necessary to protect a child or parent.
Children’s voices
Children aged 14 and over gain a stronger say in proceedings that concern them.
Joint custody by default
Joint parental responsibility becomes the default for unmarried parents.
Care models
The law describes three models — care mainly by one parent, asymmetric shared care and equal (50/50) care — without a legal preference for any of them.
Sole / mainly one parent
Asymmetric shared care
Equal care (50/50)
Why the reform
German custody and contact law dates in large part from the reforms of 1998. Family life has changed since: more children grow up with unmarried parents, more separated parents share care, and research and practice have drawn attention to the effect of domestic violence on children. The coalition agreement committed to modernising the law.
Hubig announced in the Bundestag in July 2026 that changes to custody and contact law and better victim protection in family courts would follow in the second half of the year.
Arguments and objections
Support. Recognising different care models reflects how many families already live; giving weight to violence responds to long-standing demands from victim-protection organisations.
Criticism. The Greens argue that protection in violence cases remains at the court’s discretion rather than being binding. Welfare organisations such as AWO and Diakonie and the German Women’s Council submitted detailed statements in July 2026, raising questions about joint custody where there is a history of violence and about resources for family courts.
Protection across proceedings
Psychosocial support. In March 2026 the cabinet addressed the expansion of psychosocial support for victims during criminal trials, which helps vulnerable witnesses, including children, through proceedings.
Electronic monitoring. Family courts, which decide on protection orders, gain the power to order electronic monitoring in high-risk cases from 2027. Violence Protection →
Social law. Most social-security law falls to other federal ministries; the justice ministry’s role lies in family, guardianship and maintenance law. No 2025–2026 reforms of parentage, maintenance, naming or guardianship law by the ministry could be verified for this page.
Sources
- LTO, draft law on custody and contact (KiMoG), May 2026 — lto.de
- German Bundestag, government Q&A, 8 July 2026 — bundestag.de (kw28)
- Statements of AWO, Diakonie and Deutscher Frauenrat on the draft, July 2026