Right of access between children and parents
1. A Turkish child lives with his mother in Turkey. The mother falls ill and is no longer able to care for the 9-year-old boy. The father wants him to come to live with him in Germany. The Aliens Office asks to evaluate whether the child can stay in Turkey.
2. An Indian child, who was living with her uncle in Germany, has been placed under the guardianship of the youth welfare office. In the meantime, her parents have moved from India to the U.K. It has to be clarified if the parents are able to care for the child and if a visa will be granted.
Article 6 of the German Constitution and numerous international norms guarantee the right to respect for private and family life. But the German law concerning foreign nationals as well as the laws of other countries place restrictions on family reunification across borders. Cases where family members live in different countries are often very complex. As a result, aspects of child welfare may sometimes be left out of sight.
ISS German Branch
- provides counselling on the legal requirements and procedural ways for family reunification.
- through its network, makes contact with agencies or social services abroad, who will discuss the possibility of migration with the persons living abroad, clarify the situation of the persons involved, and provide a report.
- assists to clarify whether the migration of the minor seems advisable, considering the best interests of the child, and whether it is possible under the law concerning foreign nationals.