The Central Authority in Germany for cross-border custody matters is the Federal Office of Justice.

Federal Office of Justice (Bundesamt für Justiz)
Division II 3 (International matters relating to custody, child abduction, protection of children and adults)
53094 Bonn
Germany

Phone: +49 228 99 410-5212
Fax: +49 228 410-5401

Email: int.sorgerecht@bfj.bund.de

The Federal Office of Justice can help you if your child has been removed to or retained in another country which is a state signatory to the Hague Child Abduction Convention of 1980 on the Civil Aspects of International Child Abduction. The Federal Office of Justice may also be able to help if you are seeking access to a child across national borders.

However, in its capacity of Central Authority, the Federal Office of Justice does not make any decisions in its own right in international custody conflicts. This responsibility competence falls solely on the courts and authorities with competence for the specific matter. The task of the Federal Office of Justice as Central Authority is in supporting individuals and agencies making applications in pursual of their individual rights.

The below information in English is aimed first and foremost at readers based outside Germany. Reference is thus made to situations in which a child has been wrongfully brought to Germany from abroad or has been wrongfully retained here. The Federal Office of Justice can support you as well if your child lives in Germany and you are being denied access to him or her.

The Federal Office of Justice, in its role as Central Authority under the terms of the Hague Child Abduction Convention, has published an information leaflet containing advice for applications from abroad. This has been provided to all of our partner Central Authorities in different countries, as a way of communicating additional information to individual applicants abroad. You will find the information leaflet on the website of the Federal Office of Justice by going to "International Custody Conflicts – Application forms – Information leaflet".

In terms of the Convention, the nationalities of the individuals involved are not generally of any significance. The key fact is that your child is in Germany.

You can find a comprehensive overview of information on international custody conflicts by going to the website of the Federal Office of Justice as shown below.

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

You will also find more specific information by contacting the Central Authority of the country you live in.

The Federal Office of Justice is also the Central Authority under the European Custody Convention. You will find more information on this on the website of the Federal Office of Justice.

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

Yes.

If the application is being made via the Central Authority Abroad to the Federal Office of Justice, it generally needs to be submitted in the official language of the requesting state and in German, as this is the official language of the requested state. Although the use of any specific form is not mandatory, applicants are certainly best advised to make use of the application forms, which are standardised internationally and promoted by international institutions. They contain all the information needed for an application for return and thus make it quicker to process your application.

There are also forms to use for applications for access under the Hague Child Abduction Convention and the European Custody Convention. The information these forms request is also standardised for the large part. For this reason, it is recommended you make use of them.

Forms for making applications under the terms of both of these Conventions can be obtained in various languages from the Federal Office of Justice. You will find them available for download as PDFs on the website of the Federal Office of Justice.

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

The Federal Office of Justice’s activities as Central Authority are carried out free of charge. The Central Authorities in other countries do not charge any fees either.

The Federal Office of Justice is authorised to initiate court proceedings in the name of the applicant party under the terms of the Hague Child Abduction Convention. This also includes the lodging of an appeal ("Beschwerde") (which is subject to a deadline of two weeks).

However, there are costs associated with court proceedings carried out under the Hague Child Abduction Convention. This includes both court costs and costs of legal representation. Legal aid can be granted to applicants who are in need of such assistance. See point 6 below.

Information on other costs you may have to pay (especially translation costs) can be found on the website of the Federal Office of Justice.

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

The decision on whether or not legal aid is granted is made by the competent court under the Hague Child Abduction Convention, once an assessment of eligibility and the case's prospects of success has been carried out. Legal aid applies to the reimbursement of the applicant’s own costs and expenses, especially the costs of a lawyer appointed as part of the legal aid process, and the court costs (fees and expenses, such as for expert reports and translations). However, costs incurred by the other side (the respondent party), in particular lawyer’s fees, are never covered. Accordingly, there is always a possibility that despite having been awarded legal aid, applicants who lose their cases under the Hague Child Abduction Convention may be ordered by the competent court to reimburse the legal costs incurred by the respondent party.

You will find more information on legal aid by visiting the website of the Federal Office of Justice.

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

The Federal Office of Justice, as the German Central Authority under the terms of the Hague Child Abduction Convention, is able to offer you support in seeking the return of children who are in Germany as per Article 8 of the Hague Child Abduction Convention.
As the Central Authority, the Federal Office of Justice does not make any decisions of its own in such matters; this is a matter for the competent court.

The Federal Office of Justice can also offer assistance if the child has been taken to a country outside Germany. In this respect, please see the version of the FAQs in German.

The Federal Office of Justice, in its role as Central Authority under the terms of the Hague Child Abduction Convention, has published an information leaflet containing advice for applications from abroad should you need further details.
More information on this can be found on the website of the Federal Office of Justice by going to "International Custody Conflicts – Application Forms – Information leaflet":

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

Such an application can either be lodged with the central authority in the country where you live or with the Federal Office of Justice as Germany’s Central Authority. You can also make an application straight to the competent family court in Germany (with the help of a lawyer if you wish) (see directly below).

If you make an application for return under the terms of the Hague Child Abduction Convention, it will be the courts of the country where the child is currently living in which decide on it. The national law of that country determines which court has jurisdiction over the matter.

In Germany, specialized courts are competent in Hague Convention matters. It is the family court located at the Higher Regional Court in the catchment area of which the child actually resides which will have jurisdiction for the application. The details of this are set out in Sections 11 and 12 of the International Family Proceedings Act (Internationales Familienrechtsverfahrensgesetz).

You will find more information, including addresses, on the website.

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

Article 29 of the Hague Child Abduction Convention enables you to contact the competent court or administrative authorities directly without the need for the involvement of any representative.

You do not require a lawyer to initiate contact with a Central Authority such as the Federal Office of Justice either.

In Germany, individuals are entitled to represent themselves and be heard by the court in proceedings carried out under the Hague Child Abduction Convention. There is no obligation to be represented by a lawyer. However, given the complexities of the law in question, applicants living abroad involved in return proceedings are strongly advised to employ the services of a lawyer. The Federal Office of Justice is able to initiate court proceedings, but is itself not able to participate in court hearings. The Federal Office of Justice supports individuals making applications in finding a lawyer to represent them at court hearings if they do not have one.

If the criteria set out by German law are fulfilled, applicants may be entitled to legal aid to appoint a lawyer and to cover the costs of return proceedings. The Federal Office of Justice can provide support as far as this is concerned.
Please see the information leaflet and the information provided online for further details on the topic of legal aid.

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

You will need to submit the following documents if you make an application for return via the German Central Authority:

• Translations of the application form are available at www.bundesjustizamt.de/Formulare
• Proof of the child’s identity (e.g. birth certificates or extracts from official registers, photographs)
• Proof that the applicant has custody of the child (e.g. excerpts from legal provisions, marriage/divorce certificates, court orders, excerpts from official registers)
• Proof of the child’s habitual place of residence (e.g. certificate of residence registration, certificate of attendance or enrolment at educational establishments).
• Proof of wrongful abduction or retention (e.g. copies of an agreement or permission to leave the country and proof of revocation or time limit).

You will find more information on this on the website of the Federal Office of Justice by going to "International Custody Conflicts – Information leaflet"

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

All such documents submitted must be accompanied by a corresponding translation into German. It is recommended that you have translations carried out by a sworn translator, but in general you are under no legal obligation to do so. Copies will usually be deemed sufficient, however, there may occasionally be a follow-up request, e.g. for the originals. There is no need to submit formal documents such as apostilles.

It is not possible to state exactly how long proceedings of this nature will take. The Hague Child Abduction Convention states that return proceedings should be expedited. However, how long any specific set of proceedings lasts in Germany depends first and foremost on the circumstances of that individual case.

a) International family mediation may be of help. Mediation is a confidential and structured process in which the parties, with the assistance of mediators, attempt to reach a mutually-acceptable settlement without going to court. The mediators do not come to a decision on the conflict the way a judge would, but merely help to structure the conversation and ensure the parties have their views heard by one another. You will receive information on mediation when you lodge your application with the Federal Office of Justice or by contacting the Federal Office’s mediation partners at the Verein Mediation bei internationalen Kindschaftskonflikten (Association for Mediation in international child custody conflicts – MiKK e.V.)

b) The German Central Contact Point for Cross-border Family Conflicts (ZAnK) within the German branch of the International Social Service offers information and advice in cross-border child abductions which complement the services offered by the Federal Office of Justice as the Central Authority for international child custody conflicts.
Further information from:
in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

c) The recognition and enforcement of existing decisions and orders granting individual rights may also be pursued under international instruments such as the 1996 Hague Convention and the Brussels II b -Regulation. This applies in particular to existing access orders issued in other countries which can be enforceable in Germany. Although the Federal Office of Justice is not required to be involved in the filing of applications and representation of applicants, it may offer assistance in this regard.

You will find further information under "Notes on the return of abducted children and on cross-border conflicts concerning rights of access and rights of custody".

• Association for Mediation in international child custody conflicts – MiKK e.V

• German Central Contact Point for Cross-border Family Conflicts (ZAnK)

in German at: www.bundesjustizamt.de/sorgerecht

and in English: www.bundesjustizamt.de/custody-conflicts

The Federal Office of Justice, as the German Central Authority under the terms of the Hague Child Abduction Convention, is able to offer you support to exercise and enforce rights of access in respect of children who live in Germany as per Article 21 of the Hague Child Abduction Convention.
As the Central Authority, the Federal Office of Justice does not make any decisions in its own right in such matters; this is a matter for the competent court.

The Federal Office of Justice can also offer assistance if the child is living in a country outside Germany. In this respect, please see the version of the FAQs in German.

The Federal Office of Justice, in its role as Central Authority under the terms of the Hague Child Abduction Convention, has published an information leaflet containing advice for applications from abroad should you need further details.

More information on this can be found on the website of the Federal Office of Justice by going to "International Custody Conflicts – Application Forms – Information leaflet":

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

Such an application can either be lodged with the central authority in the country where you live or with the Federal Office of Justice as Germany’s Central Authority. You can also make an application straight to the competent family court in Germany (with the help of a lawyer if you wish) (see directly below).

If you make an application for access under the terms of the Hague Child Abduction Convention, it will be the courts of the country where the child is currently living which decide on it. The national law of that country determines which court has jurisdiction over the matter.
In Germany, there are more than 600 family courts, but only 22 are competent for cases involving access under the Hague Child Abduction Convention. You will find a list of these courts unter "Competent Courts in Germany".

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

Special competence only applies to those proceedings which are carried out under the Hague Child Abduction Convention. For this reason, any such application must specifically state that the application is being made under the terms of the Convention, or be lodged via the Federal Office of Justice. However, it is also possible to make a normal application at any time yourself directly or with the assistance of a lawyer to the family court local to the place where your child is now living. The 22 family courts with special competence for Hague Child Abduction cases are also able to redirect applications made to them to the court with local competence for the matter.

Article 29 of the Hague Child Abduction Convention enables you to contact the competent court or administrative authorities directly without the need for the involvement of any other party.
You do not need to be represented by a lawyer to initiate contact with a Central Authority such as the Federal Office of Justice.

In Germany, individuals are entitled to represent themselves and be heard by the court in proceedings carried out under the Hague Child Abduction Convention. There is no obligation to be represented by a lawyer. However, given the complexities of the law in question, applicants living abroad involved in access proceedings are strongly advised to employ the services of a lawyer to represent them during court hearings and negotiations. The Federal Office of Justice is able to initiate court proceedings, but is itself not able to participate in hearings anywhere in Germany. The Federal Office of Justice supports individuals making applications in finding a lawyer if they do not have one.

If the criteria set out by German law are fulfilled, applicants may be entitled to legal aid to appoint a lawyer and to cover the costs of access proceedings. The Federal Office of Justice can provide support as far as this is concerned.
Please see the information leaflet and the information provided online for further details on the topic of legal aid.

in German at: www.bundesjustizamt.de/sorgerecht
and in English:www.bundesjustizamt.de/custody-conflicts

You will need to submit the following documents if you make an application for access via the German Central Authority:

Alongside the internationally standardised forms, you will need to submit an authorisation form to allow the German Central Authority to carry out the access proceedings on your behalf.

• Translations of the application form are available at www.bundesjustizamt.de/Formulare
• Translations of the authorisation under Article 28 of the Hague Child Abduction Convention are available are available under "Application Forms"
• Proof of the child’s identity (e.g. birth certificates or extracts from official registers)
• Specific suggestions as to how access should work in practice (where and for how long the access should take place, who should pay for it).

You will find more information on this by going to the website of the Federal Office of Justice and selecting "International Custody Conflicts – Advice for applications"

in German at: www.bundesjustizamt.de/sorgerecht
and in English: www.bundesjustizamt.de/custody-conflicts

All such documents submitted must be accompanied by a corresponding translation into German. It is recommended that you have translations carried out by a sworn translator, but you are under no legal obligation to do so. Copies will usually be deemed sufficient, however, there may occasionally be a follow-up request for the originals. There is no need to submit formal documents such as apostilles.

It is not possible to state exactly how long proceedings of this nature will take. How long any specific set of proceedings lasts in Germany depends first and foremost on the circumstances of that individual case.

In matters regarding access rights, the Federal Office of Justice will usually first involve the competent Youth Welfare Office in an attempt to come to a solution out of court before court proceedings are initiated. They will explore the possibility of, and then try to find, a mutually-acceptable agreement on access between the parties.

a) You could first try to get support by contacting the competent Youth Welfare Office for your child’s place of residence and asking them for help. They will explore the possibility of, and then try to find, a mutually-acceptable agreement on access between the parties.

b) International family mediation may be of help. Mediation is a confidential and structured process in which the parties, with the assistance of mediators, attempt to reach a mutually acceptable settlement without going to court. The mediators do not come to a decision on the conflict the way a judge would, but merely help to structure the conversation and ensure the parties have their views heard by one another. You will receive information on mediation when you lodge your application with the Federal Office of Justice or by contacting the Federal Office’s mediation partners at the Verein Mediation bei internationalen Kindschaftskonflikten (Association for Mediation in international child custody conflicts – MiKK e.V.).

c) The German Central Contact Point for Cross-border Family Conflicts (ZAnK) within the German Branch of the International Social Service offers information and advice in cross-border access matters which complement the services offered by the Federal Office of Justice as the Central Authority for international custody conflicts.

Further information

• Association for Mediation in international child custody conflicts – MiKK e.V.
• German Central Contact Point for Cross-border Family Conflicts (ZAnK)
• in German at: www.bundesjustizamt.de/sorgerecht
• and in English: www.bundesjustizamt.de/custody-conflicts

d) The recognition and enforcement of existing decisions and orders granting individual rights may also be pursued under international instruments such as the 1996 Hague Convention and the Brussels II b Regulation. This applies in particular to existing access orders issued in other countries which can be enforceable in Germany. Although the Federal Office of Justice is not required to be involved in the filing of applications and representation of applicants, it may offer assistance in this regard. You will find further information under "Notes on the return of abducted children and on cross-border conflicts concerning rights of access and rights of custody".

Custody and access rights decisions made in any EU Member State are, generally, recognised by force of the law in any other Member State (with the exception of Denmark). The same applies to decisions issued in other Contracting States to the Hague Child Protection Convention. However, any authority in receipt of a decision issued in another country is entitled to check whether any ground exists to refuse the recognition in any individual case. Article 39 Brussels II b Regulation and Article 23 paragraph 2 Hague Child Protection Convention contain such reasons. In the interest of legal certainty, the non-existence of such grounds or the recognition of a decision can therefore be determined in a legally binding manner by a court.

In the event that these international provisions do not apply in the State in which the decision was issued and if there is no bilateral agreement covering the same circumstances, the recognition of the decision falls under German domestic law (Section 107 et seq. Act on Proceedings in Family Matters (FamFG)).

Custody and access rights decision made in an EU Member State are, generally, enforceable by force of law in any other Member State (with the exception of Denmark), without the need for a declaration of enforceability. A requirement for the enforcement of a decision issued in another country is that the decision is enforceable in terms of content. Any grounds for refusal of recognition can also lead to the refusal of enforcement. A party opposing enforcement may, under certain circumstances, be able to apply for enforcement to be delayed or refused. The compulsory enforcement itself is carried out under German law.

Decisions from other Contracting States of the Hague Child Protection Convention may, upon application of any party involved, be declared enforceable and then enforced under the terms of the national law of the Requested State.

In the event that these international provisions do not apply in the State in which the decision was issued and if there is no bilateral arrangement covering the same circumstances, the recognition of the decision falls under German domestic law (Section 107 et seq. Act on Proceedings in Family Matters (FamFG)).

The Federal Office of Justice is Germany’s Central Authority under the terms of the Brussels II b Regulation and the Hague Child Protection Convention. As part of these duties, the Federal Office of Justice can, upon the request of the applicant or the Central Authority of the requesting state, offer its support by providing information as to the necessary documentation, the proceedings themselves and the competent court.

Unfortunately, though, the Federal Office of Justice is unable to offer support in matters falling outside the scope of these international provisions.

Before placement of a child from another country in Germany can be carried out, a consultation procedure under the Brussels II b Regulation and the Hague Child Protection Convention must be carried out.
Article 82 Brussels II b Regulation applies to placements from EU Member states (except Denmark). Germany does not permit any exceptions to the prior consent requirement, and, specifically, has not named any categories of close relatives, with whom a placement under Article 83 paragraph 2 Brussels II b Regulation would be possible without prior consent.

Article 33 Hague Child Protection Convention applies to placements in Contracting States to said Convention. The current status of Contracting States to the Hague Child Protection Convention, in terms of their relations with Germany, can be found in the List of States on the German-language version of the website of the Federal Office of Justice and in general on the website of the Hague Conference on Private International Law.

Responsible in terms of content for the consent in cross-border placements are the supra-local agencies responsible for the public youth welfare service, the Land Youth Welfare Offices (Sec. 45 International Family Law Procedure Act). In Germany, with its 16 federal states (known as a "Land" in German), there are 17 supra-local agencies (one each per most of the federal states and two in North Rhine-Westphalia). Local competence lies with the supra-local agency in the catchment area of which the placement is due to take place. The request for consent must be transmitted via the Central Authorities (Article 82 paragraph 2 Brussels II b Regulation). In the case of requests under Article 33 HCPC, too, the request can be transmitted via the Central Authorities to the competent supra-local agency.

The request shall include a report on the child together with the reasons for the proposed placement or provision of care, information on any contemplated funding and any other information considered relevant, such as the expected duration of the placement (Article 82 paragraph Subsection 1 Brussels II b Regulation). Where necessary, the supra-local agency will request any further documents it requires from you. The Federal Office of Justice will be able to help.

The Federal Office of Justice may, in the framework of the Brussels II b Regulation and the Hague Child Protection Convention, support the exchange of information between the competent authorities and establish contact across borders between the competent national authorities.

The Federal Office of Justice, may, upon the application of another central authority, forward information to the competent authorities within Germany or request from said competent authorities information they may have. This allows, for example, protection and endangerment notifications to be transmitted to the competent authorities, especially as relates to the endangerment to a child’s wellbeing. By the same way, competent authorities from other countries can ask their own Central Authority to request information they require from the Federal Office of Justice. In this way, background information can be gathered and claims verified, for example if there is a lack of clarity around a custody situation or checks are required.

No, the Federal Office of Justice does not charge for the support services it offers. However, requests that are transmitted to German authorities or courts generally require translations into German; it is usually necessary to include such translations with the request and the costs which arise as a result may have to be met.

Requests made to the Federal Office of Justice are usually passed on to the competent youth welfare offices and family courts, as they have primary responsibility for the protection of children in Germany and can compile reports on the child’s current social and living situation and on their environment, or react to protection notices from other countries.