Rights and rules applicable in the case of cross-border parental child abduction

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) hereinafter: Hague Abduction Convention,
• 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) hereinafter: Brussels IIa Regulation,
• Act to implement certain legal instruments in the field of international family law (International Family Law Procedure Act IFLPA) of 26 January 2005 (BGBl. I p. 162).

The central authority in the above-mentioned provisions is the Federal Office of Justice (Bundesamt für Justiz).

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