Legal Question in Family Law in Maryland

Moving out of the Country

In my divorce settlement I was given full legal custody. Now my new husband and I are planning to move to Germany (he is a German) and my ex is asking that the courts change custody to him becaues he says Germany will not honor the parenting agreement. Would the court really change custody over this issue? Secondly, is is true that the German courts do not have to honor the agreement?


Asked on 6/15/99, 5:23 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Moving out of the Country

A foreign country will generally recognize and enforce a legal court order made in the US as long as it appears from the record that both parties had their "day in court". If your ex gives this as his only reason for seeking a change of custody, he will lose. However, he might argue that your moving out of the country essentially deprives him of visitation and meaningful contact with the child(ren). The court could require you to provide transportation back to the US for visits with the father as a condition for moving. There have even been cases where the court refuses to permit the children to leave the immediate area where the noncustodial parent lives if the move would interfere with the parent-child bond.

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Answered on 6/30/99, 11:32 am


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