Custody
Covers responsibility for the child's person and assets: place of residence, school and education, medical treatment, religious upbringing and financial matters. It usually remains joint after a separation, even if one parent lives abroad.
International Family Law · Berlin
The child's best interests first - across borders too
Where will the child live going forward? How often will they see the other parent if the parents live in different countries? Who decides important matters, such as a move abroad? International custody and contact law exists first and foremost to protect the child, and that is what I work towards.
The essentials at a glance
- Joint custody after a separation typically continues regardless of which country the child mainly lives in.
- A permanent move abroad under joint custody generally requires either the other parent's consent or a family court decision.
- Where international jurisdiction is at issue, the law of the state where the child has its habitual residence often applies.
Custody and contact with a cross-border element
When parents live in different countries, or one parent is planning a move abroad, additional questions arise: which court has jurisdiction? Which law applies? How is contact organised in practice across borders? These questions cannot be answered in general terms - they depend on the child's habitual residence, the states involved, and the applicable European or international rules in the specific case.
Contact across borders
Children generally have a right to contact with both parents. Where the distance is greater, contact is often arranged differently - for example, longer but less frequent stays, supplemented by digital contact.
Moving abroad
Under joint custody, a permanent relocation of the child abroad generally requires either the other parent's consent or a family court decision. An unauthorised move can have serious legal consequences.
When no agreement can be reached
Differing views on where the child should live, changing schools, holiday arrangements or contact can lead to conflict. An out-of-court settlement or mediation can be tried first; otherwise the competent family court decides.
How I can help
I advise and represent parents on all questions of international custody and contact law. The goal is to develop workable solutions that respect the legal framework and put the child's best interests first - whether through direct discussion, mediation, or before the family court. In urgent cases of cross-border child abduction, I also advise on Hague Convention return proceedings.
Frequently asked questions
Not automatically. Joint custody typically continues regardless of which country the child mainly lives in.
Under joint custody, this generally requires either the other parent's consent or a family court decision. Without that consent, a move can be treated as a wrongful removal.
An out-of-court settlement or mediation can be tried first. If that fails, the competent family court decides, taking the child's best interests into account.
Katja Pankow
Attorney at Law & certified Mediator based in Berlin-Dahlem, member of the Berlin Bar Association (Rechtsanwaltskammer Berlin). Focus on international family law, in particular custody and contact matters with a cross-border element.
Get in touch
Tell me about your case
A short message is enough - no need to prepare anything in advance. Describe in your own words what happened, we'll clarify the details together.
Handled in confidence. You will hear back within 24 hours on business days.
Related topics