Who gets to decide where the child lives? We clarify complex responsibilities between different countries and secure your parental rights - legally secure, strategically and in your language.
The welfare of the children is the focus of every separation. In international divorces in particular, the question often arises as to which parent the child should live with in the future.
The custody It encompasses the entire legal relationship of care for minor children. It includes four key areas:
In addition, there is the area of "mere legal representation", which includes the assertion of personal rights or dispositions under copyright law.
The Nagler Law Firm will be happy to advise you personally and comprehensively on all legal issues. Our aim is not only to provide legally correct advice, but above all to do so in an understandable, forward-looking and solution-oriented manner. Every legal situation is individual - which is why we take the time to understand your concerns in detail and develop a tailor-made strategy together with you.
The custody Parental rights generally belong to the parents. If one parent is a minor, they do not have the right to manage the child's assets or represent the child. Even adult parents must possess the necessary capacity to make decisions.
A division of the custody Dividing the child into its individual components is possible, but should only be done in exceptional cases, as it is generally not in the child's best interests to divide the sub-areas between different people.
In international situations, the question often arises: With which parent should the child live in the future? custody Austrian law provides a comprehensive package for the well-being of your child:
Court decisions regarding custodyJudgments issued in one EU member state are generally automatically recognized in other EU member states. However, separate enforcement proceedings may be required for their actual enforcement, such as the return of a child.
Decisions from countries outside the European Union are subject to special recognition and enforcement rules that require careful legal examination.
With regard to the recognition of foreign decisions, it should be noted that this can be refused in the event of a breach of public policy, for example if regulations are discriminatory or contrary to the best interests of the child.
Important note: The decisive factor for the court is not the nationality, but the actual center of life (habitual residence) of the child.
Brussels IIb Regulation: Primarily within the EU.
Hague Convention on the Protection of Children (Hague Convention): Regulates cooperation with many non-EU states.
The priority principle: Whoever appeals to the court first often secures the place of proceedings. We check for you whether proceedings are already underway abroad and how we can protect your interests in Austria.
Parents who live in different countries face particular challenges:
In urgent cases, the authorities of the Contracting State in whose territory the child or property belonging to the child is located may also take the necessary protective measures in accordance with Art. 11 CSA
A decision abroad does not automatically mean that it is enforceable everywhere.
Within the EU: In principle, automatic recognition, but separate enforcement proceedings are often necessary to surrender the child.
Outside the EU: An in-depth examination is required here (e.g. violation of the Ordre Public) is mandatory.
Expert tip: We support you in enforcing foreign titles in Austria or in defending against inadmissible decisions.
When parents live in different countries, custody quickly to the question of Responsibility, speed and enforceability. We often hear sentences like:
We check with you quickly and clearly:
We take particular care to ensure that your steps are not contrary to the best interests of the child, but are comprehensible, proportionate and legally sound, as this is often decisive in international proceedings.
We check for you: Which court has jurisdiction? Which applications make sense? How do we secure enforcement?
The Nagler Law Firm has many years of experience in various legal areas and offers its clients sound legal advice and committed representation.
German, English, Turkish, Russian and Ukrainian: For smooth communication with clients from different language areas.
We place great value on personal and local support, enabling us to develop customized solutions that are optimally tailored to the individual needs of our clients.
Family Law, Estate Planning, Real Estate Law, and Litigation: We combine broad expertise with practical experience in key areas of law.
In international separations custody This quickly leads to questions of jurisdiction and enforceability – and thus to stress for parents and children. The decisive factor is usually not nationality, but rather... habitual residence of the child, i.e. its actual center of life. We clarify quickly, where proceedings should be conducted and which rules apply (within the EU mainly Brussels IIbfor many third countries the KSÜ).
At the same time, we examine whether and how foreign decisions in Austria recognized and enforced What can happen: Within the EU, recognition is often possible in principle, but its practical implementation may require a separate procedure; outside the EU, a more in-depth examination is regularly needed, for example, in cases of conflict with the child's welfare. Whether it's relocation, parallel proceedings, or concerns about non-return: We develop a clear strategy and submit the appropriate applications (custody, contact rights, protective measures) and ensure solutions that also hold up across borders.
Reliability, experience and humanity – this is what our team stands for, and we are fully committed to protecting your legal interests.
