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Ask hhvgoetz Your Own Question
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 2918
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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Mother went against Illinois court other stating she was

Customer Question

Mother went against Illinois court other stating she was only allowed to stay in Florida with my husbands son. She fled to Germany with him around December time Frame. We had a Hague Convention, German Court let her stay in Germany with son, but had to pay for tickets to let him visit during summer in the states. She was told to only use the child support to pay for the flights. Now she is refusing to send our son to the states to visiting due to lack of funds. She doesn't really let us have any contact with him and she has just disregarded everything that was court ordered and has gotten away with it every time.
What should We do now?
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.


please check the written court decision.

If there is any referenc to § 89 FamFG you will be able to contact the German familiy court (best via a local lawyer) and let them impose a fine (maximum 25000 Euros, but it will start a lot lower) on the mother.


Customer: replied 1 year ago.
Is there a way and chance to get him to live with us since she has not followed any of the court orders?
Expert:  hhvgoetz replied 1 year ago.

I don't know the whole case and actually don't know why the Hague Convention Order was not successful. Usually in Germany and other countries with a similar law system the Hague Convention is obeyed more strictly than in most Common Law Countries like for example the USA.

Without a minumum cooperation of the mother (maybe because of future fines) I don't see a way to change the situation if the relation between mother and child is Ok.


Customer: replied 1 year ago.
during the Hague convention they did a side agreement to where the father of the child allowed the mother to stay in Germany if she just paid for the tickets for him to visit us during the summer and Christmas she was told if she didn't obey they would just reverse rolls to where the husband would get the son and we would send him to visit. If we go to court do we have a good chance on this even happening? what do we need to prove that she has yet to cooperate? Do you know if it will be a fast decision due to it having been a Hague convention? Are we able reopen the Hague Convention due to Her not following the court order?
Expert:  hhvgoetz replied 1 year ago.

I don't know, how a "side agreement" is made under German procedual law. You should check the exact wording of the agreement.

The return of the child via the Hague C. is quick. If oce closed, reopening is not possible.

A new order is only possible within 1 year from the retention on.