Best Practice Tool: Germany

In cross-border parental responsibility disputes the advantages of mediation serving the best interests of the child are widely recognized and appreciated. Mediation in international custody and child abduction cases has shown to have a positive impact on the well-being of children, improved the parents’ communication skills and impacted positively on their ability to co-parent as evidenced by different research studies. It is therefore crucial that an agreement reached in a family mediation in one EU Member State can be made binding and enforceable in the other EU Member State concerned.

The German Country Specific Best Practice Tool serves as a “roadmap” assisting in rendering mediated family agreements concluded in a EU state legally binding and enforceable in Germany. The tool will have regard to relevant EU instruments, such as the Brussels IIa Regulation (and the BRIIa Recast), the EU Maintenance Regulation and the EU Mediation Directive. The German tool will be published here after its presentation on the National Seminar.

The tool can be accessed free of charge.