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German Law/Leaving Germany with kids


My husband and I live in  we have 2 children we are americans but residents pf  , my husband is violent to me but obviously when he does not make marks on me and he allways tells me the police will not help you he allways threatens to take my kids away and kick me out I just want out and get back to the states with my kids how can I do this?

If you leave Germany with your children, you would commit an international child abduction and your husband could file for the return of your children. He would need to go to a court in the US state to which you will abduct the children to.

I don't think that his abuse would be a veritable defense for you in that case because (1) it sounds like it has never been reported or documented, and (2) you could use the German legal system to protect yourself.

For more on international child abduction, please see:

Your only legal way to move to the US with your kids is to get a German court order allowing you to do so. If you report the violence, you can also get a protection order which would actually kick your husband out of the house and bar him from coming near you again. You can get a temporary order from the police, but for anything long-term you would need to address the German family courts (and hire a lawyer to do so). Depending on your financial situation, you might be eligible for legal aid in Germany, because this opportunity is not restricted to German citizens.

I wish you all the best!

Andreas Moser

German Law

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Andreas Moser


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.


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.


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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