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.
Custody encompasses the entire personal care relationship for underage children. It includes four central 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.
In principle, custody belongs 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. Adult parents must also have the necessary decision-making capacity.
It is possible to divide custody into its individual components, but this should only be done in exceptional cases, as it is generally not in the best interests of the child to divide the different areas between different people.
In international constellations, the question often arises: Which parent should the child live with in the future? Custody under Austrian law is a comprehensive package for the well-being of your child:
Court decisions on custody issued in one EU member state are generally automatically recognized in other EU member states. However, a separate enforcement procedure may be required for the actual enforcement, for example for the return of the 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 becomes a 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, inheritance law, real estate law, corporate law and litigation: We combine broad specialist knowledge with practical experience in key legal areas.
In international separations, custody quickly becomes a question of jurisdiction and enforceability - and therefore a stress factor for parents and children. The decisive factor is usually not the nationality, but the 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 can be recognized: In the EU, recognition is often possible in principle, but practical enforcement may require a separate procedure; outside the EU, an in-depth examination is regularly required, for example in the event of conflicts with the best interests of the child. Whether relocation, parallel proceedings or care before non-return: we develop a clear strategy, submit the appropriate applications (custody, right of contact, protective measures) and secure solutions that also last across borders.
Reliability, experience and humanity – this is what our team stands for, and we are fully committed to protecting your legal interests.
