Legal custody

1. An Italian man who is married to a German woman, after separating from her, returns with their mutual children to Italy. In the divorce proceedings pending in Germany, he applies for sole custody for the children.

2. The children of a Portuguese mother were placed in an institution in Portugal because their mother was not able to care for them. The mother, who moved to Germany in the meantime, applies to the juvenile court in Portugal for legal custody to be returned to her.

Parents who separate or get divorced often disagree on child custody. Then the matter will have to be decided by a court. The same applies to caseswhere parents are staying in another country and want custody to be returned to them. The guiding principle for any decisions to be made is the best interests of the child. To enable the court to make a decision, information is needed on the living-circumstances of the family members in the other country.

ISS German Branch

• provides social reports which serve as the basis for the decision-making of the courts.
• is a mediator between the different legal and social systems.
• works towards reaching an amicable custody settlement.