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Hilfe - Internationales kindesfuhrung - Germany to Spain

 
(@spanier)
Schon was gesagt Registriert

Dear vaters, dearl all,

I am writing in English because I am a Spanish citizen living in Frankfurt am Main since 1998 and working at an International Bank. So, first my apologies for that.

My case is that I was married to a Spanish woman in 2000 and we had two children in Frankfurt (my son born in 2002 and my daughter born in 2004) . In 2005, we were still married and I had the shared custody of the children then my ex wife took the children away to Spain without my permission.  I suit her in Spain according to the Hague Convention Treaty of 1980 and I won the case in first and in second instance and she returned to Germany in January 2006 but to Karlsruhe instead of Frankfurt. The German authorities did not take the required measures to ensure a contact with my children and during one and a half year I only had contact with my children 32 hours! meanwhile the Richterin decided that I should leave the house and pay unterhalt money for my children (481 EUR for each) and 1750 EUR to my ex wife (she lyed at the Court because she did not mentioned that she was working in a Spanish company and later on my ex´wife unterhalt was reduced/eliminated). The German authorities did not take any other measures to give me the custody of the children and I think I was discriminated  because; i) first, I was a man and;ii) second I was a foreigner.

The Spanish authorities took over the divorce (my ex wife presented a demand there) and they decided to give the custody to my ex wife because the children were accustomed to her (conclusion after a kidnaping and after more than one year without having contact with them!!) ,however, they imposed that the children should live in Frankfurt and have a very close contact to me of two days per week (Tuesday and Thursday) and every second weekend. In any case, I opposed to the decission of the Spanish Court to give her the custody (according to the Hague Convention Treaty of 1980 the family court of the residence of the family before
the kidnapping should be in charge, so Frankfurt am Main) and I had claimed to the Constitutional Court in Spain and if this will be rejected then I will claim to the European Court of Justice.

Well to make the story short, I am having a very regular contact with my children, now they are 6 and 4 years old. I am living in Frankfurt am Main with my partner and her daugther and I will not leave Frankfurt in the coming years, however, my ex-wife would like to come back to Spain and she had a demand in the Spanish Court to ask for permission to live in Spain with the two children (who speak fluently German and spent up to now all of their lives here). We are going to oppose to this demand (asking for the custody of the children, of course the mother is free to go wherever she wants to go but it would be detrimental for the stability of the children to move to another country, school, house, language and so on) but here is my question, but what can I do to claim the German authorities to defend the interests of my children not to lose their father, moreover if the Spanish Court will decide that the children can come back with the mother that would be a break in the Hague Convention Treaty of 1980 between Germany and Spain that in the future can affect other cases between Germany and Spain so it would be a Spanish Court decission that in the future can affect fathers-mothers in Germany . May you recomend any action? what can I do?

Zitat
Themenstarter Geschrieben : 13.10.2008 17:02
DeepThought
(@deepthought)
(Fast) Eigentumsrecht Moderator

Hi,

because; i) first, I was a man and;ii) second I was a foreigner.

Your first point ist correct. That's the problem of most of us. But your second but is (for me) not correct.

May you recomend any action? what can I do?

I think, you're very familiar with the Hague Convention Treaty. More than the most of us. Your way is ok for me. At least you can go the European Court For Human Rights.

DeepThought

Der 15. Senat des OLG Celle befindet vatersein.de
in den Verfahren 15 UF 234/06 und 15 UF 235/06
als "professionell anmutend".
Meinen aufrichtigen Dank!

AntwortZitat
Geschrieben : 13.10.2008 22:05
(@beppo)
(Fast) Eigentumsrecht Moderator

Hi Spanier,

because of your experience, just a question to you:

Incidently, we got a new father today, with a problem in combination with spain:

You find his topic here.

The mother brought his son to spain, and he is now looking for a lawyer, preferably in Düsseldorf, but I guess, he would be happy to find a lawyer even in Frankfurt or spain.

Do you have an idea?

regards Beppo

Ein Mann, der seine Frau verlässt, ist ein Schuft.
Ein Mann, der von seiner Frau verlassen wird, ist auch ein Schuft, denn sonst hätte sie ihn ja nicht verlassen müssen.

AntwortZitat
Geschrieben : 13.10.2008 22:19
(@spanier)
Schon was gesagt Registriert

Hi Beppo,

I've replied directly to him. A good Lawyer in Frankfurt am Main, who knows the procedures of the Hague Convention Treaty the German and the Spanishj Law is Stephan Ziller in Schiller Strasse, Frankfurt am Main

Kind regards,

AntwortZitat
Themenstarter Geschrieben : 15.10.2008 11:55
(@beppo)
(Fast) Eigentumsrecht Moderator

Thank you!

I hope, it helps him and I hope someone could help you in your case, but I think,  you are much more experianced than we are.

regards Beppo

Ein Mann, der seine Frau verlässt, ist ein Schuft.
Ein Mann, der von seiner Frau verlassen wird, ist auch ein Schuft, denn sonst hätte sie ihn ja nicht verlassen müssen.

AntwortZitat
Geschrieben : 15.10.2008 12:00
(@spanier)
Schon was gesagt Registriert

By the way if any father has any question on the Hague Convention Treaty I am available, in particular I know how things work in Spain. For instance the Spanish State offers you with a Statsanwalt without any cost and normally they are the best Lawyers that you can have, they normally won all the cases. Surpringsingly in Germany a woman who committs a kindesfuhrung is paid for everything even the father has to pay for her lawyer. To be very frank I do not understand quite well why here the men are not protesting more against this discrimination (and others). In Spain now there will be also shared custody in the coming years at least in two important regions in Catalunya and Valencia and probably later on on the whole country.

Kind regards,

AntwortZitat
Themenstarter Geschrieben : 15.10.2008 12:03
(@spanier)
Schon was gesagt Registriert

Just to mention that I can compare the Spanish and the German legal systems and by far the German fathers are extremely discriminated in all terms: economically, in terms of contacts/rights with their children etc...

Kind regards,

AntwortZitat
Themenstarter Geschrieben : 15.10.2008 12:14
(@beppo)
(Fast) Eigentumsrecht Moderator

You got the point!

Thats why, this forum exists.

German law is the most worse in europe and we are looking quite jealous to countries like France, Sweden or Spain.

Some fathers don't see another chance but leaving Germany and move to spain.

In Germany, it is pretty common to think: "Children belong to the mother" and "When mother is pretty well, child is well. So lets give mother everything, she wants"

A couple of years ago, Germany lost some cases at european court. Therefor they made Renate Jäger to the Head of the court. Since that, Germany did not not loose again!
But fathers do!  :thumbdown:

Regards Beppo

Ein Mann, der seine Frau verlässt, ist ein Schuft.
Ein Mann, der von seiner Frau verlassen wird, ist auch ein Schuft, denn sonst hätte sie ihn ja nicht verlassen müssen.

AntwortZitat
Geschrieben : 15.10.2008 12:45