Stephan Sander
Specialist lawyer for
international family law
Berlin Steglitz-Zehlendorf
As more and more partnerships and marriages arise between people of different nationalities, consequently disputes between parties regarding the custody of their children have also become more common. After a separation, parents often want to leave their previous common place of residence with the child and to emigrate to another state, often to the home state of the transferring parent, without a prior decision on custody. Frequently parents do not return with the child after a joint holiday in the home country of one of the parents. After such an unlawful removal or retention of the child, the question arises for the remaining parent of how the child can be brought back as quickly as possible.
In such cases the Hague Convention on the Civil Aspects of International Child Abduction plays a central role. The aim of the Hague Convention on the Civil Aspects of International Child Abduction is to protect children from the adverse consequences of unlawful removal to or unlawful retention in another country. The Hague Convention on the Civil Aspects of International Child Abduction is intended to deprive the transferring parent of the opportunity to emigrate with the child to another contracting state or to retain the child there and to bring about a decision on custody in the transferring contracting state that is disadvantageous for the remaining parent. The Hague Convention on the Civil Aspects of International Child Abduction is intended on the one hand to reverse the unlawful removal or retention of the child to another contracting state and, on the other hand, to deprive the parenting parent of the incentive to carry out an unlawful removal or retention at all. The Hague Convention on the Civil Aspects of International Child Abduction obliges the contracting states to repatriate illegally removed or retained children.
Our office is specialized in child abduction and repatriation procedures
and works regularly with international law firms. Due to our vast experience, we are happy to assist with any questions about child abduction or HCCAICA procedures.