Parental authority

The German Federal Court (BGH) on parental responsibility and the recognition and enforcement of provisional measures

BGH, Beschluss vom 09.02.2011, XII ZB 182/08

The appellant is the mother of two children born in Spain, while the respondent is her former partner, who still lives in Spain. Upon separation, the appellant intended to take both children to Germany. To this end, the parties concluded a notarised agreement under which the appellant was allowed to return to Germany with the children. After she moved to Germany with one of the children, the respondent brought provisional proceedings concerning custody rights in Spain. The court ordered the appellant in a judgment to return the child to the respondent. The respondent sought a declaration of enforceability of the judgment in Germany. The Amtsgericht of Stuttgart (DE) and the Oberlandesgericht of Stuttgart (DE) held in favour of its enforceability. The appellant lodged an appeal on a point of law to the BGH (DE).