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German Child Custody Law

Family Law Discussion Forum

German Child Custody Law

Postby Gerry » Mon Dec 12, 2016 1:01 am

HI

I just need a few tips about how to sort out a sticky situation.

Due to a completely complicated scenario my children live with my ex husband 800 km away from me.  He has the Aufenthaltsbestimmungsrecht. My children have stated they want to be with me(I´d be over the moon) but they are only 10 and 9 yrs old.  He has now made moves to go to Canada.  Can he do this with my children even if the children don´t want to go?  The boys are scared of losing all contact with me, but my ex has already stopped virtually all telephone contact and enfringed my visitation rights.  Is there anything I can do to stop my children being taken to Canada?

Thanking you in anticipation..

a very worried mother
Gerry
 
Posts: 34
Joined: Thu Mar 06, 2014 11:08 pm

German Child Custody Law

Postby Eleazar » Mon Dec 12, 2016 5:46 pm

Dear Michelle: I can understand that you are worried about the situation. Unfortunately your husband can legally take the children to Canada because he has the Aufenthaltsbestimmungsrecht. But he still must allow you to stay in contact with your children. I would suggest trying to come to a new visitation agreement. If he is not willing to cooperate you should involve the courts, and there you could try to obtain the Aufenthaltsbestimmungsrecht for yourself. If there are no other reasons against it, the judges tend to follow the will of the children to live with you if they are already older than 9 or 10 years old.

I would be glad to help you further if you like. My fees are $ 40.00 per hour. You can reach me directly at [email protected]

Sincerely,

Carolin Schulz-Burgess
Eleazar
 
Posts: 49
Joined: Wed Apr 02, 2014 7:50 pm

German Child Custody Law

Postby Havyn » Tue Dec 13, 2016 2:11 pm

HI

I just need a few tips about how to sort out a sticky situation.

Due to a completely complicated scenario my children live with my ex husband 800 km away from me.  He has the Aufenthaltsbestimmungsrecht. My children have stated they want to be with me(I´d be over the moon) but they are only 10 and 9 yrs old.  He has now made moves to go to Canada.  Can he do this with my children even if the children don´t want to go?  The boys are scared of losing all contact with me, but my ex has already stopped virtually all telephone contact and enfringed my visitation rights.  Is there anything I can do to stop my children being taken to Canada?

Thanking you in anticipation..

a very worried mother
Havyn
 
Posts: 37
Joined: Wed Jan 08, 2014 7:07 am


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