thank you for using Just Answer.
In order for the The Hague convention to be applicable you need joint custody for your children.
No joint custody , no the Hague convetion.
If you for example have sole custody you are free to take the children an go whereer you want
How joint custody is obtained depeneds on whether you are married or not or in which country you live
Yes, that much is clear. However, If I were to have sole custody to the child, as we are not married, that would leave the father without any rights? What i am after is some kind of agrement which can be signed, and which would be considered legaly binding, which will prevent one parent to just move to another country or limit the countries to where a child can be moved too without the concent of the other parent. What kind of agrement woudl we need to look for?
an agreement like that would be legally impossible as it would restrict the custody which is one of the elemental rights.
So the only possibilty to prevent one parent from leaving with the child and live in another country is joint custody
would it be possible if both parents have joint custody?
No it would not.
Both parents have to agree.
If they do not agree the famiy court has to decide
yes, that I understand, however when going to court, would such agrement be taken into consideration. let say, we live in Canada and one parent want to take the children to china, however this is not one of the countries which has been "agreed to". However, Sweden or germany would be ok as this has been agreed upon?
of course I do not kno anything about the legal situation in China.
But if you have joint custody you are not allowed to take your children anywhere outside the country where they normaööy reside
so it would not be possible to "file" anything with the family court in germany if you live aborad?
it has to be done in the country of recidence?
No , only when the kid´s´residence is here in Germany, yes
An agreemnet the parents make would not be legally binding
Thank you. Though better to check beforehand rather than being sorry later.
Yes , that is crucial
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).