Case Study 2 – Family law – Custody of children – Germany

Germany

In this case study on family law (custody of children), Member States were asked to advise the suing party on litigation costs in the following situations: Case A – National situation: a couple have lived together unmarried for a number of years. They have a 3-year-old child at the time they separate. A court grants custody of the child to the mother and right of access to the father. The mother sues to limit the father’s right of access. Case B – Cross-border situation where you are a lawyer in Member State A: a couple have lived together unmarried in Member State B for a number of years. They have a child together but separate immediately after the birth of their child. A court in Member State B grants custody of the child to the mother and right of access to the father. The mother and child move to another Member State (Member State A) with the court’s authorisation, while the father remains in Member State B. A few years later, the mother takes legal action in Member State A to change the father’s right of access.

Costs in Germany

Costs of proceedings at first instance or appeal or for alternative dispute resolution

Case study	Proceedings at first instance	Appeal
	Initial costs of proceedings	Initial costs of proceedings
Case A	EUR 54.00	Appeal: EUR 108.00 Appeal on point of law: EUR 162.00
Case B	EUR 54.00	Appeal: EUR 108.00 Appeal on point of law: EUR 162.00

Lawyer, bailiff and expert fees

Case study	Lawyer		Expert
	Is there a requirement for legal representation?	Average costs	Is there a requirement to call an expert?	Costs
Case A	No	First instance: EUR 622.00	At the court’s discretion	EUR 100.00 per hour, plus expenses and VAT
Case B	No	First instance: EUR 622.00	At the court’s discretion	EUR 100.00 per hour, plus expenses and VAT

Cost of covering witnesses’ expenses

Case study	Witnesses’ expenses
	Are witnesses entitled to reimbursement of their expenses?	Costs
Case A	Yes	Up to EUR 21 per hour for earnings lost, plus travel and other expenses
Case B	Yes	Up to EUR 21 per hour for earnings lost, plus travel and other expenses

Costs of legal aid and reimbursement of other expenses

Case study	Legal aid	Reimbursement
	What are the conditions?	Can the prevailing party request the award of litigation costs?	Are there instances where legal aid must be paid back?
Case A	Depending on income and assets	Yes	If the person’s income and financial situation improve and in the case of payment by instalments.
Case B	Depending on income and assets	Yes	If the person’s income and financial situation improve and in the case of payment by instalments.

Translation and interpretation costs

Case study	Translation		Interpretation		Are there other costs relating to cross-border disputes?
	When and on what conditions is translation required?	Approximate cost	When and on what conditions is interpretation required?	Approximate cost	Description	Approximate cost
Case A
Case B	At the court’s discretion	In most cases EUR 1.55 per 55 characters, plus expenses and VAT	At the court’s discretion	EUR 70 per hour, plus expenses and VAT	Costs of serving documents abroad

Last update: 07/04/2023