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Ask Claudia Schiessl Your Own Question
Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16759
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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Please help i stay in Spain where myself my daughter and Fiancee

Customer Question

Please help i stay in Spain where myself my daughter and Fiancee was going to setup residencey here, we have stayed in spain for nearlly 10 months.
My daughter is signed up for scholling here.
on the 20th of June 2013 my fiancee who holds a Germany Passport but had lived in the UK for over 5 years where we met had. My fiancee then decided to leave and take our child without even letting my self know and reside in Germany. i have a solicitor here but i feel that he is not fully aware of the Hagues Convesion regarding abductions, my daughter was a UK citizen while they stayed here in Spain with muself but i have now came aware that her mother has now changed this to be a German citizen.
On her removing my daughter her mother had failed to take my daughters passport and documents and was left with myself here in spain.
My question is this if my fiancee is found guilt of abduction of my daughter here in Spain would my daughter be transfered back to Spain as this was the place of her residency before she was abducted as stated within the hauges Convesion Law ?
Submitted: 3 years ago.
Category: German Law
Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

Thank you so much for your question.

May I ask


Have you got joint custody ?
Customer: replied 3 years ago.

Yes as i am.


We were engaged for over 2 years and all stayed within the same house also my name is XXXXX XXXXX daughters birth certificate.

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer


Joint custody has nothing to do with being engaged or staying in the same house or your name on the birth certificate but is just a legal position

Do you have that legal position ?
Customer: replied 3 years ago.

Not that i am aware of but i am her biolodgical father but i do not have any legal document say we have shared custody, this is which is one of the things we are appling for ie full custody via the court and a return notice via the hagues convesion.

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer


I am so sorry but with sole custody she had the right to move with the child whenever she wants .

The The Hague Convention only applies for joint custody .

You have to file for joint custody before a German Court.

You are lucky because since May the law has changed and fathers have more rights.



I wish you luck and would very much appreciate getting a positive feedback


Thank you
Customer: replied 3 years ago.


because the laws changed in May to allow the fathers more rights, what rights do i have?


also if i apply for joint custody of my daughter in Germany could her mother deny myself the right of this through the court?


 


 

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,


if you go to Court and sue for joint custody you will be granted joint custody if the child`s welfare is not harmed by you havin jount custody.

If the mother wants to deny you joint custody she has to have reasons i.e the child´s welfare being endangered





So you stand a very good chance




I hope I was able to help


I so I would very much appreciate getting a positive feedback
Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,


please tell me what is keeping you from a positive rating


Thanks
Customer: replied 3 years ago.

I received a letter today from the Child Support Agency in Ingolstadt who have sent myself a letter stating that i am due the 532euros for a claim for my daughter from my fiancée, they stated that the claim payments started on the 1st July 2013 but my daughter was removed from myself on the 20/06/2013 and that when she had left Spain i still held her passport and genuine birth certificates.


 


Can she make this claim even though her mum had not stayed in Germany for over 8 years and that my daughter was a UK resident from birth till we moved to Spain Just over 1 year ago?


 

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,


yes .

German child support can be claimed if the child has residency in Germany regardless of nationality