She has full custody. She took them from here, Germany, back to her home town in Ireland. She didn't even let the kids say goodbye to me. I found out by letter, not from her, but from an organisation. Any lawyers on here with any advice would be greatly appreciated.
2006-09-10 03:57:43 · 16 answers · asked by Anonymous in Family & Relationships ➔ Family
Sorry about your plight. Don't lose hope. I dug up some legal advisors, and some German law. Information is power. Keep your chin up. All the best to you and your family. Read on...
The abduction of a child from Germany to a foreign country is a criminal offense, punishable by up to 5 years in prison or a fine. Equally punishable is the unlawful retention of a child in a foreign country. Either offense, however, is punishable, but only if the person entitled to custody presses charges or, if the prosecutor decides that there is a special public interest in the prosecution.
If one parent claims the child from the other parent, then jurisdiction lies with the local family court. In the ensuing court proceeding, the judge examines any arising custody issues and also hears from the child.
Joint custody for divorced parents is a fairly new institution in Germany, having been enacted in 1997. It is possible that the courts may still be reluctant to award joint custody and may still be inexperienced in dealing with the problems arising from joint custody. In all custody decisions, the guiding principle of the court is the welfare of the child, and the decision will be made to promote this purpose.
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2006-09-10 04:12:32 · answer #1 · answered by magnamamma 5 · 1⤊ 0⤋
if she has full custody and it was NOT stated that she had to reside in that country then she can take them any place she wants to without your permission....I ca not see any court giving you any rights as the matter seems already closed.
I would see if there is a free lawyer / child rights lawyer that can at least give you some pointers, the one good part about this is maybe the children where born in Germany and have German rights, IF you are military and they where born there just cos you was stationed there your don't have a leg to stand on........we both know that once you got divorced / separated then her rights to military housing went out the door.
Sorry, hope you can at least get to see them
2006-09-10 11:06:35 · answer #2 · answered by candy g 7 · 0⤊ 0⤋
That's wrong. I'm not a lawyer but I advocate for fathers rights. There r a lot of companies that specialise in custody battles.
My suggestion would be to contact the organisation that wrote to u and gain as much information as u can.
If u need help or advice my email is darkknight_wing@yahoo.co.uk.
Good luck
2006-09-10 11:06:21 · answer #3 · answered by Knight-wing 3 · 0⤊ 1⤋
If she has been granted full custody (Aufenthaltsbestimmungsrecht) then she has a right to go where she pleases.
But she still must allow you to stay in contact with your children. I would suggest trying to come to a new visitation agreement. If she is not willing to cooperate you should involve the courts.
2006-09-10 11:07:59 · answer #4 · answered by John H 6 · 0⤊ 0⤋
Sticky one.
If she's in Ireland, then it's with the Irish authorities that you have to take this up.
She's no longer under German law, and as in many similar incidents I've heard of in the past, the Irish authorities will be inclined to protect their citizens before helping foreign ones.
The best way to sort it out would be directly with her and her family.
2006-09-10 11:06:38 · answer #5 · answered by savs 6 · 0⤊ 0⤋
Dont know international lawfor Europe but advise putting your question under the "law and ethics"section under the "Politics and Government" catagory on Q&A. Theres probably someone there who can helpyou out. Sorry and good luck
2006-09-10 11:08:20 · answer #6 · answered by Arthur W 7 · 0⤊ 0⤋
call the police right now! He might try any thing men are not to be trusted if he loved the kids then he would ask them who they want to be with and he would let you know he was going to take them so your kids could say good bye. He's selfish he lost every thing and now he wants anything.
2006-09-10 12:22:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Letting go of a women like that is easy. But letting go of your kids is heart wrenching. The kids need both of you. So look after your health. Good Luck
2006-09-10 11:19:18 · answer #8 · answered by frenchfriedfrogslegs 2 · 0⤊ 0⤋
i'm not a lawyer but i am irish. and i can give you some insight into irish minds. you have one hell of a fight on your hands. depending on what kind of town or village she is from your going to have to fight the devil himself. contact a priest from the town where she is, explain to him the situation. the law does'nt matter to the irish, yes we are law abiding citizens but a local priest has more power than the guards with some matters.
2006-09-10 11:20:19 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Im sorry to known that but that must be because of some reason?anyway, you 're kids of the father, she should tried discussion. I will check with my friend ,he's german perhap he know more .Lastly, you must tell what's going on between two.
2006-09-10 12:47:46 · answer #10 · answered by ketty n 1 · 0⤊ 0⤋