Family courts are generally not authorized to override corona measures in schools.
The Federal Court of Justice (BGH) has now basically clarified that, as the Karlsruhe judges announced on Wednesday.
In principle, family judges cannot issue orders to school authorities to enforce the best interests of the child.
Karlsruhe - Judicial control in this area is the sole responsibility of the administrative courts.
(Az. XII ARZ 35/21)
The question had become explosive in the spring when a Weimar family judge exempted two school children from the mask requirement at the request of their parents in an urgent procedure.
There had been a similar case in Weilheim in Upper Bavaria.
Both decisions made headlines nationwide.
Several charges of perversion of the law had been brought against the judge.
The decision of the BGH was based on a case presented by the Wesel District Court in its function as a family court in Karlsruhe.
A mother there wanted to enforce that her 15-year-old daughter no longer had to comply with the mask requirement, distance requirements and test obligations at her comprehensive school.
The district court held the administrative court responsible, the administrative court the district court - so the case ended up at the BGH for clarification.
According to the notification, other proceedings on the same issue were pending there, which were decided in parallel.
In the Thuringian case, too, the Jena Higher Regional Court had allowed the possibility of a legal complaint to the BGH after it had overturned the unauthorized decision of the Weimar family judge.
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The proceedings from Wesel will no longer be continued, the BGH judges stopped it directly.
A referral to the administrative court actually responsible was out of the question "because of insurmountable different procedural principles", it said.
dpa
