Cross-border placement of children
Where German courts or authorities (e.g., youth welfare offices) envisage the placement of a child in an institution or a foster family in another EU Member State (except Denmark), they generally need the prior consent of the competent authorities of the State in which the child shall be placed (Article 56 para. 1 of the Brussels II a-Regulation). If placement in another Contracting State of the 1996 Hague Child Protection Convention, which is not also an EU Member State or in Denmark, is envisaged, prior consent is required in all cases (Article 33 of the 1996 Convention).
Courts and authorities of another EU Member State (except Denmark) intending to place a child in Germany will as a rule also have to obtain permission of the German authorities under Article 56 of the Brussels II a-Regulation before the placement can be realised. If the placement originates from another Contracting State of the 1996 Hague Child Protection Convention, which is not also an EU Member State, prior consent is required in all cases (Article 33 of the 1996 Convention).
For further details please consult the following information leaflets:
- Leaflet "Cross-border placement of children abroad" (PDF, 135KB, accessible file)
- Leaflet "Cross-border placement of children in Germany" (PDF, 61KB, accessible file)
- Placement transfrontalier d’enfants en Allemagne (PDF, 51KB, accessible file)
For questions concerning the details of the consultation procedure in certain States please consult the German Central Authority or the Central Authority of the State concerned.