Legal assistance with child contact issues


Questioner

child ran away to father, main residence was with mother, father moved with child without informing where child is now staying, another school etc. mother does not know where child is now staying. the child is 13 and does not want to see her mother anymore due to manipulation by her father. what can she do?

Lawyer

Dear questioner, A child who lives with the mother cannot simply go to the father if the mother has not given permission. This applies even more if the judge has ever stated, for example in a divorce, that the child's place of residence is with the mother. I assume that both parents have parental authority. If only the father has parental authority, then there is not much that can be done. If both parents have parental authority and the place of residence is determined to be with the mother, then the mother has a strong case and the father then commits the crime of 'withdrawal of parental authority'. The mother could do the following: request summary proceedings/procedure prohibiting relocation and return under penalty of a penalty and she could also report the withdrawal of parental authority to the police. The mother can do the latter herself. The first (litigation) is not possible, she needs a lawyer for that. To inventory further possibilities and to map out the chances precisely, I advise the mother to contact a lawyer immediately. Do not wait too long with this, now that time is also starting to run out. The mother can always ask me for further information.

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