Covid 19 and German Family Law 2020
Germany and France have announced new national lockdowns that will last at least the whole November which will have an impact on future family contact arrangements and Court proceedings.
Here is a brief summary of German Family Court procedure cases and children orders:
German Family Law Procedure – case law update
- No personal attendance (“persönlichen Anhörung”) needed during Corona – Pandemic (AmtsG Dresden, FamRZ 2020, 790 and LG Darmstadt, FamRZ 2020, 946)
- 137 I and § 140 FamFG – Procedural “split” from Divorce (“Scheidung”) and Financial cases (“Folgesachen”) due to delay of the Corona Pandemic OLG Brandenburg, FamRZ 2020, 1586)
German Children Act law
- Cross border contact and flight not supported by OLG Frankfurt / M during the Corona – Pandemic (see OLG Frankfurt/M., 7 UF 17/20 – 13.03.2020)
- Change of Contact arrangement during the Corona Pandemic (see AmtsG Frankfurt/M., FamRZ 2020, 839)
- Postponed contact hearing because of Corona Pandemic (see AmtsG Frankfurt/M., FamRZ 2020, 841)
- Contact right at a “Kinderschutzhaus” in Germany during the Coronavirus Pandemic not allowed due to the new “EindämmungsVO” (see VerwG Hamburg, FamRZ 2020, 928)
- Penalty (“Ordnungsgeld”) against parent who cancelled visitation right during Corona pandemic (see AmtsG Frankfurt/M., FamRZ 2020, 930 and also OLG Schleswig 25.5.2020 – 10 WF 77/20)
- Parent is not allowed to stop contact due to Corona Virus (see OLG Braunschweig, Beschl. v. 20.5.2020, Az. 1 UF 51/20 and OLG Schleswig, FamRZ 2020, 1373)
- German Federal Court decided about a cross border holiday flight to Majorca during Corona Pandemic (see OLG Braunschweig, FamRZ 2020, 1658 )
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