News

Moving Abroad

Lawyers Alexander Dobiasch & Rupert Richter informed the services of the law firm the custody of children is often in German family courts to competitive disputes. The German legislature has created a comprehensive set of rules for this reason, whose focus is the well-being of the child. The law firm Danielleeee & judge show on the basis of a ruling of the OLG Koblenz (AZ. 11 UF 149/10), how the question after the well-being of the child on the transfer of sole custody affects, if a parent plans to move to other European countries. The OLG Koblenz was on the 04.05.2010 conferring sole custody rights to a mother. The applicant was married to Italian nationality and with the respondent and father of the common child. They lived in separation and shared custody of the child, which lived with the applicant.

They had asked for sole custody because she intended to her current life partner after Italy, more precisely in the province Salerno, to move. The competent District Court had not complied with the request in Mainz, whereupon the applicant at the OLG Koblenz filed their complaint. Following an extensive consultation of the persons concerned, followed the Koblenz appeal court on the decision of the District Court and dismissed the appeal. Substantially for the reasons of the rejection by the Court, the 1671 was para 1, item. 2 Nr. 2 BGB.

The legislature continues the distribution of parental authority on the requirement to seek the best solution from the point of view of the well-being of the child with this provision. A parent wants to move along with the common child abroad his fundamental guaranteed local freedom of movement and the also fundamental sound of the other parent, to deal with the common child, face off. It comes to the right weigh, that takes into account both fundamental rights, against the background of the demand for a solution optimal for the well-being of the child, and compensates.