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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 15734
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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I am divorced with a German woman. We have a 3 1/2 year old

Customer Question

I am divorced with a German woman. We have a 3 1/2 year old child. We also have joint custody. If I want to fly my child out of the country, she has to agree. Does that apply to her as well, if she wants to fly our child out of the country, can I stop her?
Submitted: 3 years ago.
Category: German Law
Expert:  legal eagle replied 3 years ago.
Dear Customer


thank you for using Just Answer.

Yes, as you have joint custody the agreement is madatory for both , you and your ex-wife.


However if it is just a holiday in Austria she wants to take the child she can do that , as long als it is nothing out of the ordinary.

Of course the same applies to you as well

Leaving Europe however cannot be done without mutual agreement


I hope I was able to help


Have you got any more questions ?

Please do not hesitate


Customer: replied 3 years ago.

So I can't stop her. If I want to take my son to spain or within a European country, she tells me no and doesn't give me my son's passport.


 


How can I stop her from taking my son to Mallorca?


 


What are the steps and procedures I need to do to get visitations establish so that my son can visit his American family in the states which he has never met, my son is almost 4 (September).


 


We have a visitation agreement set in place while I live here in Germany, but now I am on orders to leave to the USA for a few years, and I want my visitation with my son, but in the USA not in Germany.

She lives in Wurzburg and I currently live in Kaiserslautern?

Expert:  legal eagle replied 3 years ago.
Dear Customer,


unfortunately you cannot stop her going to Mallorca. with your son because a holiday in Mallorca is nothing out. of the ordinary.

She has to agree to holidays as well and she has to give you the son' s passport.

In order to get visitation rights you have to go to Family Court and sue for visitation in the US.

Maybe they will tell you to wait until he is older because 3 and a half years is quite young to fly to the US ,
Customer: replied 3 years ago.

He is not too young to fly with his father anywhere.


 


He is entitled to know his American family too.


 


So there is nothing I can do here in Germany to gain these rights?

Expert:  legal eagle replied 3 years ago.
Dear Customer,

of course you can

As I told you you can go to the Family Court and you have to convince them that he is not too young for such a long flight and that he is quite fine with staying away from his mother for so long
Customer: replied 3 years ago.

When I was getting divorced, the Judge advised us to come up with a visitation agreement and if we couldn't he would decide for us and that we didn't need a lawyer, set the example for my visitation with my son, because my ex wife only wanted that I see my son two days on weekends and every other, the judge gave me 4 day weekends every other weekend and plus one whole week a month/every other month depending on my work schedule. That became our template for my visitations.


 


So for this case, would I need a lawyer for my new visitations to the USA, since I do have joint custody and I would want to remain in my son's life. My son cries all the time that he wants to live with me and not his mother and that upsets her and in turn, she tries to keep me away from my son.


 


Do you have any recommendations for me, on the procedure for me to approach this matter and get a court date as soon as possible for before 5 August 2013.


 


During my divorce, my lawyer (who told me that she would fight for me), sat during the whole proceeding and said nothing but that she agrees with the other lawyer, My translator and I fought for my rights in court. Do you know of any lawyers in Wurzburg area, if I need a lawyer that will not be as such?

Expert:  legal eagle replied 3 years ago.
Dear Customer,

where children are concerned you get court dates within 4 weeks, which is the law.


Would you go to Nuremberg for a lawyer ? Or would this be too far ?

I can recommend lawyers in Nuremberg , but I am not sure about their knwledge of the English language
Expert:  legal eagle replied 3 years ago.
Dear Customer


should you have no more quesations I would be looking forward to getting a positive feedback

This is how I am paid for my qualified advice


thank you
Expert:  legal eagle replied 3 years ago.
Dear Customer


should you not have any further questions I would very much appreciate gwtting a positive feedback

This is how I get paid

thank you

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