You are here:

German Law/Re shared custody

Advertisement


Question
Dear Henning,
I'm really hoping you can help a little. I have been with my partner for 3 years now. He and his ex both lived in Germany and had a child, however, the marriage ended and my partner decided to move back home to England. His ex told him he had to give up his right to shared parental response ability to their child has he wasn't able to give hospital consent, so she handed him a piece of paper to declare this and he signed it, it wasn't a court order or anything just a plain piece of paper, he never attended court and has tried since to be a good father dispute his exes approval. My question is does that mean he has lost his shared custody of the child now? Would he be able to apply to have vist right when he comes over to vist her, has his ex wants him to stay at her home while he vists.
Thank you
Katie

Answer
I am not a family lawyer and usually do not respond to such questions. What I can tell you however is that there are no formal requirements for a declaration of approval of one parent in regard to the transfer of custody to the other. Although it is up to the courts to decide on such matters they would just follow such consent.

Irrespective of the custody question the parent has visitation rights for sure. Mode and duration depend on the age of the child and the intimacy of his/ her relation to the visitor.

I assume that in your case the parents have not met an agreement on the exercise of the visitation right. As the child's mother seems to have sole custody here, she may therefore fully determine the mode of visitation. However, if respective negotiations on this (to be assisted by the child welfare office) fail the father can file at Family Court a motion for judicial settlement of the visitation.

German Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Henning Haarhaus

Expertise

I can answer questions in English, German and French. Practice in inheritance law, tax, labour and contract law for private clients. Services also rendered in the fields of business & commercial law; e.g. business organizations, contracts, debt collections, leasing law. Representing clients all over Germany. NO CONSULTANCY ON FAMILY AND IMMIGRATION LAW.

Experience

Working since 1999 in the forenamed fields. Henning Haarhaus` experience includes services in the legal department of Roedl & partner, the biggest tax consultancy firm of German origin. Appointed Bar Certified Tax Law Practioner in 2007.

Organizations
Bar Association of Berlin, KIWANIS

Publications


Education/Credentials
German licensed lawyer and bar certified tax specialist

©2016 About.com. All rights reserved.