Judicial Jurisdiction
Within the European Union, jurisdiction for proceedings concerning parental responsibility is generally determined by the child's habitual residence. A relocation does not immediately alter this jurisdiction, which is particularly critical when enforcing contact and access rights.
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DR. SCHMIDT LEGAL provides expert assistance in clarifying judicial jurisdiction under the Brussels IIb Regulation. The objective is to make the legal framework surrounding the child's residence transparent and to ensure that decisions regarding parental responsibility are made on a secure procedural basis.
Consent Requirements and Prevention of Child Abduction
In cases of joint custody, one parent may not permanently relocate the child's residence abroad without the consent of the other parent. A violation of this requirement may be classified as international child abduction and may trigger return proceedings under the Hague Convention on the Civil Aspects of International Child Abduction (1980 Hague Convention).
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As part of the advisory process, DR. SCHMIDT LEGAL examines the requirements for a lawful relocation and how agreements (e.g., relocation conditions or expanded contact arrangements) can be documented with legal certainty. Proactive planning helps to avoid protracted judicial conflicts and the risk of a court-ordered mandatory return of the child.
Coordination of Cross-Border Contact Arrangements
Relocating abroad fundamentally changes the practical implementation of contact rights. Provisions must be made regarding travel costs, supervision, and digital communication tools—all of which must be enforceable abroad.
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In these matters, DR. SCHMIDT LEGAL acts as the central coordination point. Support is provided in drafting contact agreements that meet the requirements for international enforceability. Collaboration with specialised mediators or correspondent lawyers in the destination country is facilitated to ensure local particularities are addressed.
Important Note on International Consultancy
DR. SCHMIDT LEGAL provides legal advice exclusively on German family law as well as the relevant European Regulations and international conventions (e.g., the 1980 Hague Abduction Convention and the 1996 Hague Child Protection Convention). Binding legal advice regarding the substantive custody and child law of foreign states is not provided. In the event of proceedings before foreign courts or the requirement for local legal information, the collaboration with qualified colleagues on the ground is coordinated.