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When the dispute over the child escalates

from
Dr. jur. Bettina Luft gen. Plaisier
Lawyer
Specialist in family law
Specialist in inheritance law

Give me a call: 0261 - 404 99 82
E-Mail:

Our specialist in family law had reported on TV Mittelrhein about a case that had started at the beginning of the winter holidays. However, this could happen at any time, including today, when the summer holidays begin in Rhineland-Palatinate, so we want to report on it here as well.

The start of the summer holidays also marks the start of the holiday contact period. Many children spend a longer period of time with the parent with custody during the summer holidays. Both parents must adhere to any agreements or court orders made. The requirements regarding the time of the holiday contact, the collection and return, the stay at the holiday destination, the mutual duty to provide information, the handing over of papers, documents and important things that the children need during the holiday contact, such as medication, dental braces, insoles, etc., must be observed. The circumstances surrounding holiday contact are comparable to those of a child's participation in a holiday camp. Here, too, all important information, documents and items must be provided and exchanged.

The parent with contact should not use the time of the holiday contact to involve the children in a possible parental conflict and certainly not to ignore the arrangements made for the child to stay in the household of the other parent.

If a situation arises that makes it necessary for the parent with access rights to the child not to be able or willing to return the child to the other parent after the holiday access, then legal action, i.e. the route through the family court, must be taken. In this case, appropriate urgent applications must be filed so that a court decision creates a legal basis for the child to be withheld by the person entitled to access. If the person with access rights does not comply with this legal process, he or she may be subject to a fine of up to €25,000 or even a custodial sentence, proceedings under the Hague Child Abduction Convention if the person with access rights is abroad with the childand family court proceedings for the return of the child. There may even be restrictions on future access rights."

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.