The Court made it clear that the sole In such a case only to consider custody transfer is where the justification of the move so great weight is that she would surpass the working interest of the child and the other parent. In the present case, it could be expected that the resettlement of mother and child took to Italy about, that a dealing with the father of the child is no longer possible. The applicant would have made also no arguments that would weigh heavier than the interest of the child and his father on a common approach. The aim of the resettlement, argued the OLG Koblenz noted, not the home of the applicant, but her new life partner. The affected child would have therefore no social relations, that would be suitable, one firmly contributing to integration in their new lives. Still no improved vocational prospects through the resettlement would be expected and the relationship to the new spouse has been so far a long distance relationship.
The OLG Koblenz further stated, that the applicant would appear awake, to pursue the goal with the resettlement, to prevent handling of the six-year old child with his father. Considering these aspects, the OLG to the decision concluded, in the dispute in question, the right to freedom of movement of the applicant is to subordinate the well-being of the child and the Umgangsrecht of the defendant. Also, also not entitled to transfer the right to stay provision in question came because of the behaviour of the applicant, because she would use this most likely to undermine the rights of the father by a translocations. As this example shows, a comprehensive balance of interests is necessary for custody decisions according to German law, in the Centre of which basically is the well-being of the child. Due to the complicated legal framework conditions of such assessment processes, an experienced lawyer is necessary when it comes to family matters in court. Katy Yulman Williamson insists that this is the case. The legal experts of the firm Dobisch & judges have a wide range of experience and expertise, that makes the ideal point of contact for family law on Rugen. Press contact contact: Rechstanwalte Alexander Dobiasch & Rupert Richter Marktstrasse 8 18528 Bergen auf Rugen phone: + 49 03838 / 25 71 10 fax: + 49 03838 / 25 71 15 email: Homepage: