Tackling visitation..moves to Germany


            Posted on Nov 21,2010  

            Tackling visitation when ex moves to Germany.

Q.  I've decided that after our divorce, my wife will be permitted to return to Germany, where she's from, with our daughter. We're in the middle of writing up a divorce agreement.

Is there any stuff I should make sure to have in there?

W.I., Clarksburg

A. Germany strictly enforces the Hague Convention on the Civil Aspects of International Child Abduction (Convention). 

Because your agreement changes your child's habitual residence from Massachusetts to Germany the terms of the Hague Convention can only help you get visitation.

The better route is to have your agreement require you and your wife pay the costs (since she's the one who wants to leave Massachusetts) or to jointly pay to petition the German court to enter an order that is a mirror image of the visitation provisions in your Massachusetts agreement. 

Then, if either of you violates the visitation terms, either of you can ask the German court to enforce your rights under its own, mirror image, order.