The Federal Foreign Office and the German missions abroad (embassies and consulates-general) are often requested to provide assistance in cases of child abduction. However they have no legal means and only very limited scope for prociding support for the repatriation of abducted children to Germany. All issues relating to custody and the right to determine the child's place of residence are decided by the judiciary, i.e. the courts, in all countries of the world. This also applies to arrangements concerning rights of access.
German missions abroad and the Federal Government have no influence over foreign court rulings, nor can they request that the governments of the respective country exert such influence. If the situation were reserved, the request by foreign governments to exert influence on German courts would be rejected with reference to the independence of the judiciary.
The options of German missions abroad for providing support are even more limited if the abducted children are also nationals of the countries in which they are staying. The authorities there will then regard and treat these children exclusively as citizens of that country. Further nationalities are generally not taken into account. This may make it difficult or even impossible for the German missions abroad to provide consular assistance.

Obtaining a departure ban when child abduction appears to be imminent

If you have specific reasons to fear that the other parent may take your child or children and leave Germany against your will (threat of removal of the child or children from the country), you can file an urgent application with your local court – family court – to place a ban on your children leaving the country (ban on border crossing). This departure ban will then be forwarded to the Federal Police Headquarters in Potsdam, which will circulate it throughout the Schengen area.
If you fear that a departure is imminent (exigent circumstances) and you cannot obtain the decision of the family court quickly, you can, as an exception (especially at weekends), also contact your local police station directly, which can impose the departure ban via the Federal Police. The application for a ban on leaving the country must then be submitted to the competent family court as soon as possible so that the ban can be upheld. Information about granting the other parent authorisation to travel with the child or children can be found here.
The options available to affected parents for enforcing their rights after their children have left the country depend, first and foremost, on whether agreements under international law are in place with the country in question.

Agreement under international law

Hague Convention on the Civil Aspects of International Child Abduction (HCCAICA)

Germany is a Contracting State to the Hague Convention on the Civil Aspects of International Child Abduction (HCCAICA) of 25 October 1980. The object of the Convention is to secure the swiftest possible return of children wrongfully removed to or retained in any Contracting State.
You can find a current list of the Contracting States here.

Central Authorities have been designated to implement this Convention. The German Central Authority is the Federal Office of Justice.

In the case of child abductions to one of the Contracting States, you are strongly recommended to contact the Federal Office of Justice without delay. Those seeking help may submit enquiries and appeals free of charge via the Federal Office of Justice.
You can find more information about the content of the Convention, the procedure and the necessary forms here (see Family Matters, International and Custody Matters).

Special regulations in European Union member states (with the exception of Denmark)

Pursuant to Regulation (EU) 2019/1111 (Brussels IIb Regulation), all decisions on parental responsibility, including measures for the protection of the child in the other EU member states (with the exception of Denmark), are automatically recognised without the need for a special recognition procedure.
The Regulation takes precedence over the Hague Convention on the Civil Aspects of International Child Abduction of 25 October 1980 insofar as the Convention concerns matters governed by the Regulation, such as matters concerning recognition, enforcement and competence. The Hague Convention retains its validity for the legal areas not covered by the Regulation.

The Federal Office of Justice is available as your point of contact as the Central Authority for applying this Regulation.

The European Custody Convention

The European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children governs the recognition and enforcement of court decisions in matters relating to custody between member states. The Brussels IIb Regulation takes precedence over the Custody Convention in relations between EU member states (with the exception of Denmark).

Out-of-court settlements

In view of the uncertain outcome of legal proceedings abroad, an amicable settlement between the parents should be sought wherever possible. Careful consideration must be given to the question of whether time-consuming and costly recourse to the courts is simpler than a meeting of the parents – if necessary with the participation of persons in a position of trust or counselling services – during which both, notwithstanding their personal differences, let themselves be guided by the best interests of their joint children. Legal positions – no matter how clear they may be from a German standpoint – are often of no practical use. Decisions of German courts are useless if they cannot be enforced abroad. As is the case in Germany, other states claim the sovereign right to take decisions on their own territory through their own authorities and courts.

Court proceedings

If, however, legal steps are to be taken, there are essentially two possible courses of action. It is wise to discuss these options with a lawyer to determine which is the most promising.

1^st option: recognitionand enforcement of a German court decision

If a decision has been handed down by a German court concerning the right of custody of a child and the right to determine the child's place of residence, the duly entitled parent can seek to have this decision recognized and declared enforceable by a court of the country to which the child has been taken. Without the successful conclusion of these proceedings, a German court decision is not binding in the foreign country.

2^nd option: effecting a foreign court decision

Another option is to bring an action for custody of the children before the competent court in the state to which the children have been taken with the aim of securing their return on the basis of the ruling by the foreign court.

The Federal Foreign Office’s experience with these options is that both can be time-consuming and expensive. Moreover, the people affected will need the help of a local lawyer. The local German embassy or consulate general abroad may, upon request and without obligation, furnish addresses of lawyers (many of whom speak German). The staff members of the German missions abroad are not themselves authorised to represent the interests of German nationals before the courts. Court costs and lawyer’s fees cannot be assumed by the Federal Foreign Office or the missions abroad.
To enable the swift return of abducted children to Germany, the missions abroad may, in emergencies, grant financial assistance for the return journey if the parent concerned cannot raise the necessary funds at short notice (subsidiarity principle in public assistance pursuant to section 5 of the Consular Law). Any assistance claimed must be repaid.

Special regulations in countries with Islamic legal systems

In countries with Islamic legal systems, family law and legal practice assign primary responsibility for children to the father; as a rule, it is also the father who alone determines in which country and with whom the children are to grow up. Efforts by a mother to bring an action for custody of her child usually have little prospect of success, especially if she is a foreigner and not a Muslim. Should she, as an exception, be awarded the right of custody, she might only be able to exercise this right in the foreign country at the father’s place of domicile, for in most cases the child may not leave that country without the express consent of the father. The issuance of a German passport or children’s identity card does not help to resolve this problem.

Consequences under criminal law

The abduction of minors is punishable pursuant to section 235 of the German Criminal Code. The prerequisite for criminal prosecution is an application by the person whose parental rights have been infringed. An exception to this requirement can be made inter alia if the law enforcement agency (public prosecution office) considers it necessary to intervene for special reasons of public interest. However, experience shows that criminal or police measures alone only achieve the desired result in exceptional cases.
In other countries, too, child abduction may be punishable under national law. German fathers and mothers may therefore also be guilty of child abduction if they, against the will of the foreign father or the foreign mother or in violation of a decision by a foreign court, return to Germany with the joint children.

Guidance services

In the event of child abductions to one of the Contracting States of the HCCAICA, the Federal Office of Justice, as the competent German Central Authority, should be contacted without delay.

Comprehensive advice on cross-border disputes regarding access and custody and on international child abduction can be found at the Central Contact Point for Cross-border Family Conflicts and at the International Social Service, German Branch (ISS) in Berlin.

The following organisations can also offer advice for affected parents: www.mikk-ev.de; www.verband-binationaler.de
Educational and family counselling services provided by charitable organisations, local and district associations of the German Society for the Protection of Children and youth welfare offices can also provide support.