If a parent or another person removes a resident child from Germany in breach of a custody right that is in force in Germany, the remaining parent or other guardian can assert their rights in various ways. The same applies if a child is abducted from abroad to Germany.
The details can be found in the following legal bases in particular:
- the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (BGBl. 1990 II, p. 207)
- Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338 p. 1)
- Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ 2019, L 178, p. 1 et seq)
- Act to Implement Certain Legal Instruments in the Field of International Family Law (International Family Law Procedure Act) of 26 January 2005 (BGBl. I p. 162)
The central authority in the above-mentioned provisions is the Federal Office of Justice.
Further information on child abduction on the Your Europe portal.
Publisher
Federal Ministry of Justice
Last update or date of publication
09.12.2022