Suspension of custody contact rights to prevent violence by right-wing extremists against children and mother under constitutional duty of protection

The German Federal Constitutional Court (BVerfG) ordered the repetition of a temporary injunction (einstweilige Anordnung) until January 31, 2013, or until a final decision on the constitutional complaint, thereby maintaining the suspension of a custody arrangement that grants contact with children and a mother who are potential targets of far-right extremists. The dispute concerned the immediate protection of vulnerable individuals from imminent threats, where the complainants sought to halt the enforcement of parental rights due to the heightened risk of physical violence from extremist groups. The decisive legal basis is the constitutional right to effective legal protection and the state’s duty of protection (Schutzpflicht) against third-party threats, justifying the continued interim relief to prevent imminent danger while the constitutional complaint is pending.