particular sensitivity and expertise. We have chosen this area of law in order to assist our clients in difficult times and exceptional situations and to support them in resolving their family conflicts. The opportunity to help people and give them a perspective for the future motivates us in our daily work. How does child custody work in Germany? This is a very complex topic. In Germany— unlike in many other legal systems— distinction is made between custody and contact and access rights. Custody and, contact and access rights are independent of each other. Thus, a parent who does not have custody still has a right to contact with the child. Under normal circumstances, custody is jointly exercised by both parents. As far as the establishment of parental custody is concerned, distinction is made as to whether or not the parents are married to each other at the time of the child’s birth. If the parents are married at the time of birth, they are entitled to joint parental custody. If the parents are not married at the time of the child’s birth, they are entitled to joint parental custody 1. if they declare that they wish to assume joint custody and make declarations of custody, 2. if they marry each other or 3. if the family court grants them joint parental custody. If joint parental custody is on hand, both parents have equal rights and make joint decisions for the benefit of their children. In the event of separation and divorce of the parents, joint parental custody generally remains in place. If the parents live separately, both parents jointly exercise parental custody, though the parent with whom the children usually reside has sole decision-making authority in matters of daily life. Everyday care includes all matters that arise in daily life, e.g. school life including participation in day trips, picking up the child from daycare or school, and so on. In matters of considerable importance for the children, such as determining their place of residence, school enrollment, enrollment and deregistration from kindergarten etc., the parents must make a joint decision. If they are unable to do so, the family court may, upon application, transfer the decision-making authority regarding the matter on which they are unable to agree to one of the parents. Parental custody may be withdrawn from one parent by the court and transferred to the other parent for sole exercise if there is no minimum level of cooperation and communication between the parents and the continuation of joint parental custody poses a risk to the child’s welfare. 12 LAWYER MONTHLY JUNE 2024 Our law firm has extensive experience in cross-border legal matters and works closely with colleagues and experts around the globe.
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