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How to acquire custody of a British child whilst living in Germany

How to acquire custody of a British child whilst living in Germany

Old Oct 25th 2021, 2:08 pm
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Default How to acquire custody of a British child whilst living in Germany

Good Afternoon,
Does anyone know where to begin when hoping to acquire legal guardianship of a British child so they may move to extended family in Germany? Noone is against the move but noone knows how to go about it.
Thank you for any help and have a good day 😊
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Old Oct 25th 2021, 4:02 pm
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Default Re: How to acquire custody of a British child whilst living in Germany

There is a lot of info re immigrants. It's in German but you can click on translate. I suggest you send them an email they might be able to point you in the right direction.

https://www.berlin.de/sen/jugend/jug...es-engagement/

or try the German consulate in London.
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Old Oct 25th 2021, 6:22 pm
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Smile Re: How to acquire custody of a British child whilst living in Germany

Thank you NataHH. That was helpful.
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Old Oct 26th 2021, 7:01 am
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Default Re: How to acquire custody of a British child whilst living in Germany

Originally Posted by busybeefra View Post
Good Afternoon,
Does anyone know where to begin when hoping to acquire legal guardianship of a British child so they may move to extended family in Germany? Noone is against the move but noone knows how to go about it.
Thank you for any help and have a good day 😊
Hi, and welcome to the forum!
What is your relationship to the British child? "No one is against the move" - who is "no one"? Whatever, I would have thought that a British Court would be the first port of call to actually acquire legal guardianship (google "how to acquire guardianship of a child"), allowing the child to be taken out of the country. Meanwhile, what is your own status in Germany? If you're legally Resident, then your ward should be able to join you once his/her status has been legalised, without needing a Visa. As suggested, you could contact the German Consulate to make sure in advance....
HTH
P.S. I've just noticed the term "custody" in the title, which hints that you're one of the child's parents? If so, then surely you don't need to acquire "guardianship", but "custody"? If you're in the throes of divorce, it's the Judge who decides who has custody "in the best interests of the child", but if you and your spouse are in agreement, then there shouldn't be any problem of your obtaining custody....

Last edited by dmu; Oct 26th 2021 at 7:18 am.
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Old Oct 26th 2021, 9:27 am
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Default Re: How to acquire custody of a British child whilst living in Germany

thank you dmu! My status in Germany is legit (inzwischen auch Deutsch). The child is my niece. legal guardianship is with her other aunt (my sister). My brother is the child's father. noone (current legal guardians, biological parents, social services, child herself) is against the move. All are for it. But I don't know what the German law requires for me to have legal guardianship or Vollmacht. The word custody is me guessing the English word for whatever the required legal term in Germany would be...
I have just written to the German embassy in London as I fear that solicitors on both sides of the pond would be required.
Thank you for your help.
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Old Oct 27th 2021, 7:06 am
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Default Re: How to acquire custody of a British child whilst living in Germany

Originally Posted by busybeefra View Post
thank you dmu! My status in Germany is legit (inzwischen auch Deutsch). The child is my niece. legal guardianship is with her other aunt (my sister). My brother is the child's father. noone (current legal guardians, biological parents, social services, child herself) is against the move. All are for it. But I don't know what the German law requires for me to have legal guardianship or Vollmacht. The word custody is me guessing the English word for whatever the required legal term in Germany would be...
I have just written to the German embassy in London as I fear that solicitors on both sides of the pond would be required.
Thank you for your help.
Hi, thanks for the details! I still think that you'll first have to go to the Court which granted guardianship to your sister, to get your sister's guardianship transferred to you....
The German word for guardianship is "die Vormundschaft". You must surely be your niece's legal guardian before taking the post-Brexit steps to allow her to join you in Germany, whatever the current regulations are.
P.S. When you say "the pond", do you mean the Atlantic? Are your siblings American (but your niece British)? I'm a tad confused, as you say you're German, too, in which case you or your extended family are better placed than us, to get the info needed....
HTH
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Old Oct 27th 2021, 1:04 pm
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Default Re: How to acquire custody of a British child whilst living in Germany

Originally Posted by dmu View Post
Hi, thanks for the details! I still think that you'll first have to go to the Court which granted guardianship to your sister, to get your sister's guardianship transferred to you....
The German word for guardianship is "die Vormundschaft". You must surely be your niece's legal guardian before taking the post-Brexit steps to allow her to join you in Germany, whatever the current regulations are.
P.S. When you say "the pond", do you mean the Atlantic? Are your siblings American (but your niece British)? I'm a tad confused, as you say you're German, too, in which case you or your extended family are better placed than us, to get the info needed....
HTH
Hi HTH,
outed for being wrong again (me). By the pond, i meant the North Sea... Family in UK. i am in Deutschland. Glad to welcome another soul into the world of confusion though.
I shall try and persuade the legal guardians to transfer legal guardianship to me in the original court then have the papers translated and certified...
I have not heard back from the German Embassy in London but neither did I hear back from British Embassy in Berlin.
Thank you kindly for your help. 😊
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Old Oct 28th 2021, 6:54 am
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Default Re: How to acquire custody of a British child whilst living in Germany

Originally Posted by busybeefra View Post
Hi HTH,
outed for being wrong again (me). By the pond, i meant the North Sea... Family in UK. i am in Deutschland. Glad to welcome another soul into the world of confusion though.
I shall try and persuade the legal guardians to transfer legal guardianship to me in the original court then have the papers translated and certified...
I have not heard back from the German Embassy in London but neither did I hear back from British Embassy in Berlin.
Thank you kindly for your help. 😊
Hi, HTH means Hope This Helps, they aren't my initials!
Did you contact the British Consulate, as per the Contact link in
https://www.gov.uk/world/organisatio...ral-dusseldorf
The Embassy doesn't deal with such issues....
Meanwhile, if every one is in agreement, surely the present legal guardians won't need to be "persuaded" to transfer their charge to you? I would think the Court case would be straightforward, if you "persuade" the Judge with proof, that you yourself are "competent" to undertake such a responsibility....
Since this procedure will take time, the laws/rules/regulations in Germany might have changed by the time you're legally guardian, although it would be interesting to see what happens at present....
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