Euro Judges overrule Germany on father’s right to joint custody

Daylife/Reuters Pictures used by permission

The German government says it will reform its custody laws after the European Court of Human Rights said a German man had suffered discrimination.

The Strasbourg court ruled that German courts were wrong to reject the unmarried father’s plea to have joint custody of his daughter, 14.

Under current German law, single fathers can only get joint custody if the mother gives her consent.

Germany’s justice minister says the custody law now needs changing. Sabine Leutheusser-Schnarrenberger said there were plenty of cases where unmarried fathers “want to take responsibility for the child without entering into a power struggle with the mother”.

She told Germany’s Sueddeutsche Zeitung newspaper that the law ought to “take more account of the father’s interests”.

European Court judgments are binding on states that have signed the rights convention, meaning that they have to adjust their laws if a rights violation is exposed.


2 thoughts on “Euro Judges overrule Germany on father’s right to joint custody

  1. David Scott says:

    2. Thank you for this Article. Fathers’ right to be a meaningful part of their childrens’ lives, have been eroded to the point of non-existence. My research suggests that this is a phenomenon consistent throughout the industrialized nations. Children who are alienated from their fathers are more likely later in life to have emotional/behavioral problems, suffer from depression, drop out of school, fail in their jobs, and suffer from other social problems. I invite you to visit my site devoted to raising awareness on this growing problem:

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