Decision of the Frankfurt Higher Regional Court on September 10, 2024, Case No. 6 UF 144/24
Even after a divorce, parents share custody of their children if it serves the child’s best interests. However, there are valid reasons against shared custody, such as domestic violence. In such cases, granting sole custody to one parent is justified, as emphasized by the Frankfurt Higher Regional Court in its decision on September 10, 2024 (Case No. 6 UF 144/24).
Parents generally hold joint custody of their children, even in the event of a separation or divorce. This joint custody is contingent on serving the child’s best interests. However, there are circumstances where this may not be the case. In such situations, sole custody can be transferred to one parent, according to the business law firm MTR Legal Rechtsanwälte, which advises on matters including family law.
Mother Applies for Sole Custody
An important factor arguing against joint custody is the presence of domestic violence, as demonstrated in this case.
In the underlying matter, the divorced parents had two children. The father had repeatedly acted violently towards the mother and threatened her life. The mother eventually found the courage to separate, and since 2020, the children had been living with her. The father continued to exhibit aggressive behavior, leading to six-month restraining and contact bans being imposed in both 2021 and 2023. The mother subsequently applied for sole custody, which was granted. The father contested this decision.
Father’s Appeal Unsuccessful
The father’s appeal against the withdrawal of his custodial rights was dismissed by the Frankfurt Higher Regional Court. The court upheld the lower court’s decision to grant the mother sole custody. It justified this by stating that the father had repeatedly physically attacked and injured the mother while also issuing threats. Such behavior rendered any equal communication between the parents impossible—a prerequisite for the exercise of joint custody. Given the father’s aggressive behavior, it was unreasonable to expect the mother to collaborate with him on custodial matters, the court clarified.
Children’s Wishes Considered
The court further noted that the father was evidently incapable of treating the mother with respect, and his behavior destroyed any foundation for joint parental custody. Moreover, the children, aged 5 and 9, had expressed a clear preference for granting sole custody to their mother. The court highlighted that the children had witnessed the physical violence and death threats against their mother. Witnessing such violence constitutes a specific form of child abuse and poses significant risks to a child’s development. Therefore, no less severe measures than granting sole custody to the mother were considered appropriate.
Risk to Child’s Well-Being with Joint Custody
Custody can be withdrawn from one parent if this serves the child’s best interests. In this case, the Frankfurt Higher Regional Court expressly determined that the child’s well-being would be at risk if the father retained joint custody. Consequently, the father’s appeal was rejected. The court underscored that domestic violence justifies withdrawing joint custody. This decision is final and cannot be appealed.
The decision of the Frankfurt Higher Regional Court underscores that the child’s welfare always takes precedence in custody matters. This includes considerations such as the child’s emotional bond with the parents, the child’s social environment, and the child’s expressed wishes.
MTR Legal Rechtsanwälte provides advice on custody issues and other family law matters.
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