german law? Please help!

[jus4sal]

My brother is going thru ugly divorce, His wife (USAF) is stationed in Germany, she has hired German lawyer. But what I don't get is my brother,ex-wife and children is not german citizens. They are U.S. citizens. So does he have to obey german laws? He is in Washington State staying with our parents, been living there for 6 months and just got a job recently. Doesnt have the money to fight this. The ex-wifes home of record is California. His ex says" If you don't appear in German court he will lose child custody"? (3 children) Is this correct?

 

[Duranie]

Where are the children? Are they in the US or Germany?


How long has she been in Germany for?

It is unlikely Germany has jurisdiction.

He absolutely will have to find some way to hire an attorney. He may have to work 2 jobs. He should at least book a free or low cost consultation with a family law attorney so he will know his rights. If she actually files for divorce in Germany he can file a motion to have jurisdiction moved to the US. He should also see about filing for temporary custody ASAP.

If the kids are with him, he is lucky because that will make it almost impossible for her to file in Germany and get custody of the kids.

 

[jus4sal]

She's been living in Germany for about 2 years. He did bring his kids with him, than his ex threaten him for kidnapping so she flew to Seattle and picked them up. Her lawer keeps sending court documents in German, so my brother wrote them and told her lawer
he doesnt speak German to understand the documents. But they keep
sending him papers in German.

 

[Duranie]

He needs a good attorney. His big mistake was letting her take the kids out of the country. It is not kidnapping if there is no court agreement. He did not have to let her take the kids. Now that she has been there for 2 years Germany might have jurisdiction. He waited too long to do anything about this.

 

[jus4sal]

Divorce plus german law

My brother is not a dual passport citizen he is a U.S.Citizen he is a register voter and resident of the State of Washington, so now does he has to comply with the german law? My opinion is that she is trying to find a loop hole in the german law, so she doea not have to pay him half of her retirement pay and TSP account? And my father in retiring from the Govt job, US Customs in January 2006 and he told, I even have to get permission from your mom on my TSP account money and my Retirement pay it is the law, now does my brother's wife being in the air force is that consider a govt job and she has to get permission from my brother on her retirement pay and TSP account how it is split up they were married for 13 years?

jus4sal