Parents argue over their child's first name

OLG Karlsruhe rejects a decision by interim order
If separated parents argue about the first name of their newly born child, the name dispute can not be settled in an urgent procedure. For an interim order on the definition of the first name represents an inadmissible anticipation of the main proceedings, the Higher Regional Court (OLG) Karlsruhe ruled in a decision published on Saturday, July 16, 2016 (Ref .: 5 UF 74/16).

In court, the married but separated parents of a son born in 2016 were drawn. Father and mother could not agree on a common first name of the child and sought judicial clarification.

Image: JackF - fotolia

The mother wanted to have her chosen first name already set by interim order times. Because only with a first name, a birth certificate can be issued. Without a birth certificate, she has no health insurance cover for the child, nor can she apply for parental leave, child benefit or parental allowance. You would also slowly run out of financial resources.

The father replied that it "hurts" him if the child receives the first name chosen by his ex-partner. Because of the international circle of friends, he advocated a short, flush name.

The district court Lörrach decided in the interim legal protection proceedings, that the mother may determine the first name of the son.

The OLG reversed this decision in its decision of 30 June 2016. The determination of the first name took place definitively. However, if this is already decided in the interim proceedings, the decision in the main proceedings will be unlawfully anticipated.

There are no "special reasons for the child's well-being" such as a concrete threat to the child, if the definition of the first name is clarified only in the main proceedings. In the meantime, the son is also without first name health insurance. The lack of opportunity to claim time for education and to apply for funds does not constitute a risk to the child's well-being. The determination of the first name is not possible in interim legal protection proceedings. fle / mwo