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This forum offers parents the opportunity to voice their own experiences of international parental child abduction, and related issues, and to share useful information with others in a similar situation.

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International Child Abduction in Germany

by Simon / Posted 17/11/2014 / Updated 11/01/2015

Hi, My situation is still very new to me, I am from the UK and my partner is German but about 4 weeks ago my partner decided she wants to stay in Germany with our son. I want my son who is almost 3 to return to the UK but at the moment his mum refuses me any access except on her terms which mean if I want to see him she insist I travel to her. My son was born in Germany and has a German passport, But can she really do this and take decisions like this without my agreement? Our son has spent two thirds of his life in the UK? His playgroup friends are here most of his family are here (cousins / uncles / Grandparents). He has far more connections here than in Germany. He was becoming fluent in English and she has now ripped him away. I am listed on the birth certificate which was signed in Germany in front of officials so do I have any rights in this subject? Has anyone been through this type of thing who can advise / help??

Responses

From Thomas / Posted: 08/01/2015
Hi Simon, I have it the other way round. I am German, my daughter (10) was born in the UK and lives there with her mother. My daughter has a British passport but dual nationality (she can also have a German passport). Same should apply to your case. Since you are listed in the birth certificate you have parental responsibility and therefore not only the right but the duty to keep contact with your son. According to German law the mother has the duty to support contact to the best of her ability. Since she does not refuse contact on the basis that you may come to visit your son in Germany, the case gets a bit complicated.

If you want to enforce your case I am afraid you have to do so in Germany since this is the habitual residence of your son. You need to instruct a lawyer who is registered in Germany to make court applications.
From andy anderson / Posted: 11/01/2015
hi, my son was born in germany, to a german mother so know some of the rules there. the first thing is to know if you have signed a ´parental responsibility agreement´ - this gives you rights regarding residency, education, medical etc...though is separate from access and custidy issues. this Agreement can be signed in germany, or if the mother does not agree you can apply for it through a lawyer and you would in most cases get it granted..this then strengthens your position in any discussions or later disputes. email me if you want to know more. Also if you are born in the UK, you can also apply for a british passport for your son, as he would be ´british by descent´. I got this issued within a couple weeks without any problem.

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