Arguments & fights
over children

Crossing boundaries

Central Contact Point for Cross-border Family Conflicts

ZAnK - Zentrale Anlaufstelle für grenzüberschreitende Kindschaftskonflikte

Your partner abducted the child to a so-called Non-Hague Convention State

So-called Non-Hague Convention States are those States in which the Hague Convention on Child Abduction does not apply. For children abducted to these States, there is no procedure and no central authority to regulate the return of the child. Non-Hague Convention States include e.g. many States which have an Islamic legal order, as well as many African States.

1. Filing an action

In such cases, the parent must turn directly to the court in the other country to request the return of the child. This requires recognition of a German court order which has already been made, or a new court order has to be made. Your rights, as well as the procedure and the court decision, will depend on the national law of that State.
You can find the addresses of lawyers in the other country e.g. in the country information provided by the Federal Foreign Office (Auswärtiges Amt) or by international lawyers’ associations, such as the International Bar Association.

2. Amicable arrangement

As legal proceedings in these cases are very time-consuming and uncertain, it will be all the more important to try to reach an amicable arrangement between the parents. Therefore, the Hague Conference on Private International Law calls for the establishment of “Central Contact Points for Mediation”, which are available to callers from home and abroad as contact agencies, provide them with information, and refer them to mediators, if required. Whether an amicable arrangement will be possible and which factors have to be considered - this very much depends on the relevant country and the individual case. Many of these questions can be answered in a phone conversation. Just give us a call.

Please note: Be sure to inform yourself thoroughly before travelling to the country where your child is staying – including the question if your spouse might have the possibility to forbid you to leave that country.

 

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This website is currently under construction. We apologize for any inconvenience because some pages are not yet complete. For any questions, please call: 030 / 629 80 403.

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