Germany - competent authority (Art. 11)

(Translation)
1. Authorities which have taken measures by virtue of the provisions of the Convention and which shall inform the authorities of the State of the infant's nationality of them and, where appropriate, those of the State of his habitual residence:
a) the "Vormundschaftsgericht" (Guardianship Court), "Familiengericht" (Family Court) or the "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention are pending;
b) if the infant has changed his State of habitual residence, the "Vormundschaftsgericht" (Guardianship Court), "Familiengericht" (Family Court) or "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention were pending at the time of the change of State.

2. The following authorities in the territory of Germany to which the Convention applies are competent to receive information of measures taken by virtue of the provisions of the Convention in other Contracting States:
a) the "Vormundschaftsgericht" (Guardianship Court), "Familiengericht" (Family Court) or "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention are pending;
b) if the infant has changed his State of habitual residence, the "Vormundschaftsgericht" (Guardianship Court), "Familiengericht" (Family Court) or the "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention were pending at the time of the change;
c) if no proceedings are pending in the territory of Germany to which this Convention applies, the "Jugendamt" (local authority child care department) in the district in which the infant has his habitual residence;
d) if no proceedings are pending in the territory of Germany to which this Convention applies, and the infant does not have his habitual residence in that territory, the "Landesjugendamt" (central child care department) of Berlin.

The information may be given and received directly.

Modification 23 November 2010:

1. Authorities which have taken measures by virtue of the provisions of the Convention and which shall inform the authorities of the State of the infant's nationality of them and, where appropriate, those of the State of his habitual residence:

a) the "Familiengericht" (Family Court) or the "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention are pending;
b) if the infant has changed his State of habitual residence, the "Familiengericht" (Family Court) or "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention were pending at the time of the change of State.

2. The following authorities in the territory of Germany to which the Convention applies are competent to receive information of measures taken by virtue of the provisions of the Convention in other Contracting States:

a) the "Familiengericht" (Family Court) or "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention are pending;
b) if the infant has changed his State of habitual residence, the "Familiengericht" (Family Court) or the "Jugendamt" (local authority child care department) in which proceedings under the provisions of the Convention were pending at the time of the change;
c) if no proceedings are pending in the territory of Germany to which this Convention applies, the "Jugendamt" (local authority child care department) in the district in which the infant has his habitual residence;
d) if no proceedings are pending in the territory of Germany to which this Convention applies, and the infant does not have his habitual residence in that territory, the "Landesjugendamt" (central child care department) of Berlin.

The information may be given and received directly.

(This page was last updated on 13 December 2010)

 

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