The new Brussels II b Regulation (Regulation (EU) 2019/1111 - Brussels II a Recast Regulation), has brought about significant changes in the cross-border placement of children: Under the previous legal regime, the question as to whether the cross-border placement of a child required the prior consent of the receiving Member State was subject to the national law of the State in which the child was to be placed. The recast, on the other hand, no longer relies on the national law of the State in question to provide consent, but autonomously lays down a requirement of prior consent, without which the placement decision may not be given.
If the German courts or authorities (such as the Youth Welfare Offices) intend to place a child in institutional care or with a foster family in another EU Member State (with the exception of Denmark), a consultation procedure must be carried out under Article 82 of the Brussels II b Regulation, which requires the involvement of the authorities of the country in which the child is to be placed (Receiving State). The request must be transmitted to the central authority of the receiving State via the central authority of the requesting State (Article 82 paragraph 1 Brussels II b Regulation).
Recital 11 of the Brussels II b Regulation clearly states that the arrangements also apply to cross-border educational placements, arranged with the agreement of the parents or the child or upon their request following deviant behaviour of the child.
Prior consent of the competent authorities in the Receiving State is required to effect a placement (Article 82 paragraph 1 Brussels II b Regulation). The judgment on placement may be made in the Requesting State only if the authority having jurisdiction in the Requested State consented in advance of the placement (Article 82 paragraph 5 Brussels II b Regulation). A measure may only be extended if prior consent has been given.
By way of exception, prior consent is not required where the child is to be placed with a parent (Article 82 paragraph 2 Brussels II b Regulation). Member States may make further exceptions for placements within their own territory by naming categories of close relatives with whom placement without prior consent is possible.
According to Article 82 Brussels II b Regulation, the consultation procedure is governed by the national law of the Receiving State (Article 82 paragraph 7 Brussels II b Regulation). National law provides for the formal and substantive requirements needed to grant placement.
In the case of placements of children in other EU Member States made by German courts and assistance for children outside of Germany granted by German Youth Welfare Offices as part of Youth Welfare assistance benefits on the basis of Social Code Vol. VIII (Section 38 thereof) the prior consent of the competent authorities in the Receiving State in accordance with Article 82 paragraph 1 of the Brussels II b Regulation shall, save for the aforementioned exceptions, always be required.
Any request must be sent to the Federal Office of Justice, which will proceed to forward it abroad.
If the placement is not to be effected in an EU Member State, but in another Contracting State to the Hague Child Protection Convention, prior consent must also always be obtained (Article 33 Hague Child Protection Convention). Transmission via the Federal Office of Justice in its capacity as the Central Authority is not compulsory in such cases, but is nevertheless recommended.
For further details please consult the following information leaflets:
- Information sheet "Cross-border placements outside Germany" (PDF, 136KB, File meets accessibility standards)
- Information sheet "Cross-border placements in Germany" (PDF, 141KB, File meets accessibility standards)
- Placement transfrontalier d’enfants en Allemagne (PDF, 137KB, File meets accessibility standards)
More detailed information regarding the documents to be submitted and the consultation procedure in individual countries, and other information, can be found in the country-specific information sheets. If you have any further questions, including those relating to arrangements with third countries, please consult the German Central Authority at the Federal Office of Justice or the Central Authority of the State concerned.
On the European Justice portal (EJN) of the European Commission, you will find information sheets (factsheets) of individual EU countries regarding cross-border placement of a child (including with foster families).
For data protection reasons, please do not to send photocopied identity documents when submitting requests.