International jurisdiction for enforcement of a child contact orders. BGH 12. Zivilsenat, Beschluss vom 30.09.2015 – XII ZB 635/14
- The execution of an injuctive relief order permitting execution, issued as an interim measure is an independent process with a standalone way to appeal.
- The provision of § 99 subsection 1 FamFG governs the international jurisdiction for the enforcement of judgments on rights of access, except as otherwise provided in regulations in international agreements, insofar as they have become directly applicable national law, or acts of the European Community to another.
- Therefore, the German courts are also internationally responsible for the execution of a handling permit, if the child is German, but has his habitual residence abroad and foregoing provisions are within the meaning of § 97 subsection 1 FamFG.