Case study 2 - family law - custody of the children - Germany

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In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorised to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.


Costs of proceedings


Costs in Germany

Costs for Court, Appeals and Alternative Dispute Resolution


Case Study

Court

Appeals

Initial court fees

Initial court fees

Case A

EUR 44.50 

Appeal:
EUR 89.00 
Appeal on point of law: EUR
133.50 

Case B

EUR 44.50 

Appeal:
EUR 89.00 
Appeal on point of law: EUR
133.50 



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Expert

Is representation compulsory?

Average costs

Is use compulsory?

Cost

Case A

No

First instance:
EUR 590.00 

At the court’s discretion

EUR 85.00 per hour plus expenses and turnover tax

Case B

No

First instance:
EUR 590.00 

At the court’s discretion

EUR 85.00 per hour plus expenses and turnover tax



Costs for witness compensation


Case

Study

Witness compensation

Are witnesses compensated?

Cost

Case A

Yes

Loss of earnings max. EUR 17 per hour, travel costs and other expenses

Case B

Yes

Loss of earnings max. EUR 17 per hour, travel costs and other expenses



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which conditions is it applicable?

Can the winning party obtain reimbursement of litigation costs?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

Depends on income and assets

Yes

If the person’s income and financial circumstances improve and in the case of payment by instalments.

Case B

Depends on income and assets

Yes

If the person’s income and financial circumstances improve and in the case of payment by instalments.



Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under which conditions is it necessary?

Approximative cost?

When and under which conditions is it necessary?

Approximative cost?

Description

Approximative cost?

Case A

Case B

At the court’s discretion

Normally EUR 1.85 per 55 keystrokes plus expenses and turnover tax

At the court’s discretion

EUR 55 per hour plus expenses and turnover tax

Costs of serving documents abroad



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Last update: 07/06/2019