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German Law/child abduction and child support

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Question
My ex-wife has taken the children to Germany against a court order. She was told by the judge not to remove the children from the United States. I have filed out the Hauge treaty and I am in contact the U.S. State department who are in contact with the German Central Authority. They have located the children. I am still paying child support in the U.S. but the mother is not receiving it due to my over paying and the child abduction. There is an order for her to appear back in the U.S. for a February date for a court hearing on custody and mediation. She has stated to the kids that she will not be returning. She has also filed for me to pay child support in Germany. Would it be wise for me to contact the German child support office with proof of my current child support payment in the U.S. and with the court order for the mother to return with the children? I know if I send her money, the German authorities can see that as I agree to my children being in Germany, and I do not. What actions can I take at this point?

thank you

Answer
Hello,

you are absolutely right: if you keep or start paying child support, it could be construed into aquiescence to your wife's child abduction-

Simply tell the German child support authority that the child has been abducted and that an action for the child's return is pending. A court action (which is much more useful than involving all these Central Authorities) for the return of your child to the US should be concluded within 6 weeks maximum.
In that time, the child support agency won't do anything except maybe write you another letter. The German child support agency has no enforcement mechanism of their own and they would need to go to court. Once they hear that your wife kidnapped your child, I would hope that they will be reluctant to do so until the German Family Cour has made a decision about your Hague petition.

I wish you all the best in getting your child back!

My FAQ on child abduction proceedings in Germany: http://andreasmoser.wordpress.com/2009/08/07/10-faq-on-international-child-abduc

Andreas Moser
www.about.me/moser

German Law

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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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