Court Custody

19.02.20 / News / Author: Martin
Tags: law, law & taxes

The Supreme Court has found in a recent judgment on the duty to consult decision enabled children in the custody dispute inform the lawyers Alexander Dobiasch & Rupert Richter (XII ZB 407/10). The family law expert of the law firm Danielleeee & judge in Bergen auf Rugen portray the momentous decision. Was the situation being assessed by the following situation: an eight-year girl’s parents, who had separated shortly after their birth, and jointly exercised custody so far, came about the decision, where the training should take place, in dispute. The relationship between German mother and French father deteriorated in so far, finally fought for sole custody. The appellate court of the Court ultimately awarded sole custody to the father and urged the mother to give him the child, which would have required his permanent move from Germany to France.

The mother before the German Federal Supreme Court moved against this decision. The twelfth Senate the BGH judgment of the Court in its decision by injunction invalid said. Although he, too, like the Court of appeal, the relationship between the parents as to broken for the joint exercise of the right of custody was. He saw a poor consideration of the child in determining its future food point however as a significant error of law the Court, which would lead to the invalidity of its decision. How the Supreme Court stressed that the transmission of the sole concern right to a parent in accordance with 1671 to align paragraph 2, p.

2, because, what would best correspond to the best interests of the child. The child eight years at the time of the decision was even capable of making decisions and able to express his feelings to the custody transfer, interests and needs, and their consequences. Since the transition of custody on the father would mean a drastic change of the whole living environment, because must move to the child in this case France, unless for this purpose by the Court extensively to listen to. The appellate court must leave here attributable to failures, to pick up his judgment which erred in law and thus was. The twelfth Senate of the Federal Supreme Court here once more stressed the priority of the child’s welfare. Especially when children have an age where they can articulate their needs and views, the case law is obliged to listen to them and take into account their statements in the decision making process. The German family law is extremely individual through its focus on the well-being of the child. Is it disputes the inclusion of a family legal expert to advise. The family law expert of the law firm Danielleeee & judge in Bergen auf Rugen campaigned in this context for many years that, to realize the interests of their clients legally as well as out of court. Press contact contact: lawyers Alexander Dobiasch & Rupert Richter Marktstrasse 8 18528 Bergen auf Rugen phone: + 49 03838 / 25 71 10 fax: + 49 03838 / 25 71 15 E-Mail: Homepage: