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Free Guide to Hiring a Family Lawyer


Founded in 2021
3 people in their team
English
Hollberg Kohnke de Flores Wichmann is a specialized law firm in Stade focused on family law, inheritance and succession matters, employment law, and medical law. The practice is led by three attorneys, all of whom are specialists in family law, with additional qualifications in inheritance law,...
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When a child’s move from Stade needs legal advice

In Stade, a move becomes a family-law issue when separated parents disagree about where their child will live. A move within the Stade district can raise questions about school, contact arrangements and shared parental responsibility; a move elsewhere in Germany or abroad can have greater consequences.

There is no separate Stade relocation permit. The rules are mainly federal: parents with joint custody generally need to agree on a move that significantly affects the child’s life, or ask the family court to decide that specific issue. If the child lives in the Stade area, the Amtsgericht Stade may be the relevant family court, depending on the applicable jurisdiction rules.

When a lawyer can make a practical difference

  • A parent plans to move the child without the other parent’s agreement. A lawyer can assess whether the move requires consent and whether an urgent court application is appropriate.

  • The other parent objects to a move from Stade. Legal advice can help present evidence about housing, schooling, childcare, employment and the child’s relationship with each parent.

  • A move would disrupt contact arrangements. A lawyer can help propose a workable schedule, including travel arrangements and holiday contact.

  • The proposed destination is outside Germany. Cross-border moves can raise jurisdiction, recognition and child-return issues that need attention before travel.

  • There is disagreement about who makes the child’s residence decision. A lawyer can review custody orders and advise whether an application to the family court is needed.

  • There is a risk of a sudden move or removal. A lawyer can advise on urgent interim measures and the documents needed to support an application.

German laws that govern a child’s move

German Civil Code (Bürgerliches Gesetzbuch, BGB). The BGB has been in force since 1 January 1900. Sections 1627 and 1628 address the exercise of joint parental responsibility and court decisions on a significant individual matter; section 1671 concerns transferring parental responsibility after separation.

Act on Proceedings in Family Matters and in Matters of Non-contentious Jurisdiction (FamFG). The FamFG has applied since 1 September 2009. It sets family-court procedure, including jurisdiction, the court’s handling of parental-responsibility cases and the involvement of the youth welfare office.

EU Regulation 2019/1111, known as Brussels IIb. It has applied since 1 August 2022 and governs jurisdiction and recognition in many cross-border parental-responsibility cases within the EU. International moves may also engage the 1980 Hague Convention on child abduction, depending on the countries involved.

Frequently asked questions

Can I move with my child without the other parent’s agreement?

It depends on the custody arrangement and the effect of the move. With joint custody, a move that substantially affects the child’s life generally requires agreement or a family-court decision. Check any existing court orders before making plans.

Who decides if parents cannot agree?

A family court can decide the disputed residence issue or transfer authority to decide that specific matter to one parent under section 1628 BGB. The court focuses on the child’s welfare, not on rewarding either parent.

Which court handles a case involving a child living in Stade?

The family court with jurisdiction is determined under German procedural rules, principally by the child’s habitual residence. For a child living in Stade or the surrounding district, the Amtsgericht Stade may be responsible; a lawyer or the court can confirm the correct venue.

Does the other parent have a veto if I have sole custody?

A parent with sole custody generally makes important decisions for the child, but the precise custody order and circumstances matter. A court order or cross-border issue may affect what steps are lawful, so review the documents before relocating.

What does the court consider when deciding a move dispute?

The court assesses the child’s welfare, including stability, schooling, relationships with both parents and each proposed care arrangement. The child’s views may also be considered in light of age and maturity.

Can the child’s move to another country be stopped?

A parent with rights of custody may seek court protection if a proposed move is unlawful or risks breaching those rights. Cross-border cases can involve EU rules or the Hague Convention, so obtain advice before travel or removal.

How long does a relocation case take in Stade?

There is no guaranteed local timetable. The duration depends on urgency, evidence, court availability and whether expert input is needed; an urgent interim application may be possible when delay risks harm.

How much does a family-law lawyer cost?

Fees may follow the statutory lawyer-fee rules or a fee agreement, and depend partly on the value assigned to the proceedings and the work required. Court costs are governed by the Act on Court Costs in Family Matters (FamGKG); ask for a written estimate before instructing a lawyer.

Can I get help with legal costs?

Verfahrenskostenhilfe may be available if you meet the financial conditions and the case has sufficient prospects of success. The court decides eligibility, and a lawyer can help prepare the application and supporting financial documents.

Is hiring a lawyer compulsory?

Legal representation is not automatically compulsory in every standalone parental-responsibility case. Different representation rules can apply to divorce proceedings or applications made within them, so confirm the requirement for your specific case.

Can the Stade Youth Welfare Office decide where my child lives?

No. The youth welfare office can advise families and may provide information or a statement to the family court, but it does not decide a contested relocation. The decision belongs to the parents by agreement or to the court where required.

Official local resources

  • Amtsgericht Stade, Family Court: Handles family proceedings within its jurisdiction, including parental-responsibility disputes. Confirm that it is the correct court for the child’s habitual residence.

  • Landkreis Stade Youth Welfare Office (Jugendamt): Provides child and family support and can assist with advice or participate in family-court proceedings where appropriate.

  • Higher Regional Court of Celle (Oberlandesgericht Celle): The regional higher court for appeals in relevant family matters from lower courts, including cases within its jurisdiction.

Steps to find and hire a relocation lawyer

  1. Gather the key documents. Collect custody agreements or orders, contact schedules, school information and any written messages about the proposed move. This can usually be done before an initial consultation.

  2. Clarify the proposed move and timing. Write down the destination, intended date, housing and childcare plans, and how contact with the other parent could continue.

  3. Search for a family-law specialist serving Stade. Look for a lawyer whose work includes parental responsibility, child residence and cross-border family disputes. Check whether the lawyer can advise in the languages needed.

  4. Arrange an initial consultation promptly. Explain any travel date or risk of removal when booking; seek advice urgently if a move may happen within days.

  5. Ask about strategy, costs and court jurisdiction. Request an explanation of likely options, possible interim measures, fee basis and whether the Amtsgericht Stade is the competent court.

  6. Agree on scope and provide records. Confirm the engagement and fee terms in writing, then send the lawyer a clear chronology and copies of relevant documents.

  7. Follow the agreed plan. Avoid unilateral steps that could breach custody rights, keep records of proposals and responses, and attend any youth-office or court appointments prepared.

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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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