Legal Question in Family Law in Germany
Vol. Seperation and overseas travel
Kids mom a German citizen here as resident alien for the past 9 yrs, we've been married 13 yrs, two great kids. We have a voluntary seperation, nothing legal. My job requires that I travel so she has the kids, but I see them whenever I want. She wants to take the kids to Germany for a vacation to visit her family during the summer. I don't know if I can trust her to come back because of her current and future financial status. I pay her more than adaquate child support and the mortgage on the house that she and the kids live in. Do I have any legal means to keep her from taking the kids out of country? I don't want to seem like the badguy to my kids for not letting them go see their grandparents, but I don't want to be without my kids either. What are my options?
1 Answer from Attorneys
Re: Vol. Seperation and overseas travel
Both parents are presumed to have equal rights and access to the children...unless stated otherwise in a court order signed by a judge. So if she takes the children to Germany she has not done anything illegal or violated a court order. I suggest you talk with an attorney in your area especially since you do not trust that your wife will return with the children.