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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10732
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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Hi, I am a Swedish woman who has my recidence in Germany.

Resolved Question:

Hi,

I am a Swedish woman who has my recidence in Germany. I have recently met a lovely German man and we consider trying to have children in about one years time. Considering it is an international relationship I would like to have some type of agrement as to what will happen with our possible future children in the event that we spilt up/divorce. The main reason for this is that we may also consider relocating to another country in the future. For example Australia or Canada. In the even that we were to split up while living outside the borders of Germany or Sweden I would like to have some kind of ensurance for the both of us that one party can not just take the children and decide to move to yet another country. The same, if we were to split up/divorce whiel iving in Germany or Sweden, that one party can not simply take teh childrne to a third party country without the concent of the other parent. I am aware of the Hauge convention but i think it woudl be a good thing to think of these possible future issues before rather than when it is too late. What kind of agrement would we need to sign in this case, ensuring the well fare of the children as well as the parental rights of both of us.

Thank you

Zandra
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.

legal eagle :

Dear Customer,

legal eagle :

thank you for using Just Answer.

legal eagle :

In order for the The Hague convention to be applicable you need joint custody for your children.

legal eagle :

No joint custody , no the Hague convetion.

legal eagle :

If you for example have sole custody you are free to take the children an go whereer you want

legal eagle :

How joint custody is obtained depeneds on whether you are married or not or in which country you live

Customer:

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?

legal eagle :

Dear Customer,

legal eagle :

an agreement like that would be legally impossible as it would restrict the custody which is one of the elemental rights.

legal eagle :

So the only possibilty to prevent one parent from leaving with the child and live in another country is joint custody

Customer:

would it be possible if both parents have joint custody?

legal eagle :

No it would not.

legal eagle :

Both parents have to agree.

legal eagle :

If they do not agree the famiy court has to decide

Customer:

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?

legal eagle :

Dear Customer,

legal eagle :

of course I do not kno anything about the legal situation in China.

legal eagle :

But if you have joint custody you are not allowed to take your children anywhere outside the country where they normaööy reside

Customer:

so it would not be possible to "file" anything with the family court in germany if you live aborad?

Customer:

it has to be done in the country of recidence?

legal eagle :

No , only when the kid´s´residence is here in Germany, yes

legal eagle :

An agreemnet the parents make would not be legally binding

Customer:

Thank you. Though better to check beforehand rather than being sorry later.

legal eagle :

Yes , that is crucial

legal eagle, Attorney
Category: German Law
Satisfied Customers: 10732
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you

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