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German Law/Child abduction

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Question
Hi,

My question is about a friend of mine living in Germany. Her husband and her are Cameroonians and her husband is German too. They have a baby and they had a fight yesterday so she went to the social services with her baby.

Now, she wants to come to visit me in France but her husband told her that if she does so he will tell the police she is kidnapping his child. The fact is that she can't leave Germany forever because she is still studying there.

Is this possible and what are the possibilities ?

Thank you for your answer,

Have a nice day,

Mattias.

Answer
If the mother wants to avoid committing a child abduction, she would need to get a German court's permission to leave for a trip with the child. The other option of course would be to leave the child with the father in Germany.

Unfortunately, people have given up their studies in order to move to another country in other cases, so that alone is not enough. The court would look at what her plans are for France, why the child can't stay with the father, and whether she is seriously and actively pursuing her studies.

For more on international child abduction: http://andreasmoser.wordpress.com/2009/08/07/10-faq-on-international-child-abduc  

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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