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Obsorge

English translation: See below

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15:16 Jun 22, 2000
German to English translations [PRO]
Law/Patents
German term or phrase: Obsorge
I am working on what appears to be a "child custody" decision and am facing 3 puzzling terms that may mean the same thing:

1) *Obsorge* as in:

Die Anträge der Kindoeltern auf übertragung der jeweiligen alleinigen *obsorge* werden zurückgewiesen.
The request of the child's parents to transfer the current sole *custody*? is rejected?

2) *Pflegschaft* as in

*Pflegschaftssache* mj. Tom Montauer
The *custody case* of Tom Montauer?


3) Kindschaftsrecht as in:

Die Entscheidung beruht auf dem *Kindschaftsrecht* in den USA, so daß in wohl verstandenen Kindesintresse spruchgemäß zu entscheiden war.
The decision affect the *child custody legislation* in the USA, so that a decision had be in the interest of the child.
David Rumsey
English translation:See below
Explanation:
I couldn't find Obsorge in any of my legal dictionaries (Dietl, Romain), but it does mean Pflege, sorgende Aufsicht which is custody or care (as in elterliche Sorge = parental custody). So you're fine on that count.
However, it is not current custody but the request of *each* or both the parents for sole custody that is being rejected, meaning that the court probably feels that it is in the best interests of the child not to award sole custody to any one parent.
The definition of Pflegschaft in Dietl is: Pflegschaft is the care entrusted to a curator appointed by the guardianship court to look after particular interests (particularly property interests) of another. The equivalent it gives is curatorship (caretakership would be better here) or trust. However in your case it does seem easiest to refer to it as a custody case unless there are any property aspects involved.
Kindschaftsrecht is (acc. to Dietl) the law of parents and children. That sounds terribly awkward, but I think it goes beyond merely custody legislation.
You could try Child Welfare Law, Family Law or The Law Of Parent-Child Relationships (website references below). Your sentence could be: "The judgement is based on Child Welfare Law in the United States entailing that the child's best interests be taken into account while arriving at a decision" or something like that.
Selected response from:

Anya Malhotra
Local time: 09:06
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
na +1See belowAnya Malhotra
naYou are absolutely correctWilliam Scheckel


  

Answers


12 mins
You are absolutely correct


Explanation:
You have already given the best answers to your questions. Wouldn't change a thing. HTH, Will

William Scheckel
Local time: 04:36
PRO pts in pair: 139
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7 hrs peer agreement (net): +1
See below


Explanation:
I couldn't find Obsorge in any of my legal dictionaries (Dietl, Romain), but it does mean Pflege, sorgende Aufsicht which is custody or care (as in elterliche Sorge = parental custody). So you're fine on that count.
However, it is not current custody but the request of *each* or both the parents for sole custody that is being rejected, meaning that the court probably feels that it is in the best interests of the child not to award sole custody to any one parent.
The definition of Pflegschaft in Dietl is: Pflegschaft is the care entrusted to a curator appointed by the guardianship court to look after particular interests (particularly property interests) of another. The equivalent it gives is curatorship (caretakership would be better here) or trust. However in your case it does seem easiest to refer to it as a custody case unless there are any property aspects involved.
Kindschaftsrecht is (acc. to Dietl) the law of parents and children. That sounds terribly awkward, but I think it goes beyond merely custody legislation.
You could try Child Welfare Law, Family Law or The Law Of Parent-Child Relationships (website references below). Your sentence could be: "The judgement is based on Child Welfare Law in the United States entailing that the child's best interests be taken into account while arriving at a decision" or something like that.


    Reference: http://www.abanet.org/family/pubs/parent.html
    Reference: http://www.abanet.org/child/tom.html
Anya Malhotra
Local time: 09:06
PRO pts in pair: 48

Peer comments on this answer (and responses from the answerer)
agree  Edward edbradburn: I am working on an Austrian text at the moment with the same term in it, and I'd just like to add the suggestion that this term is an Austrian one.
2454 days
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