Case number and/or case name
BGH, 11.9.2007 – XII ZB 41/07
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
10 September 2007
CJEU's case law cited by the court
Summary
The dispute concerned parental responsibility proceedings with regard to the withdrawal of the parental responsibility concerning the violation of compulsory school attendance. After the parental responsibility had been withdrawn and transferred to a guardian, the mother moved to Austria, maintaining her registered residence in Germany.
The court held that the preceding instance had correctly assumed its international jurisdiction although it had not explicitly discussed the habitual residence. The Federal Court of Justice based this statement on the Higher Regional court’s considerations on the children’s residence. In view of these considerations it could according to the court be assumed that the children had their center of life in Germany. It applied Art 8 (1) and stated the German courts’ international jurisdiction.