What is an “Ausreisesperre”?
An Ausreisesperre (travel ban for leaving the country) is a legal measure by which a minor child is prevented from leaving Germany (and sometimes from travelling within the European Union) unless the authorities or one of the parents have given their consent. It is usually imposed as a means of protecting the child from parental abduction or being taken abroad without the other parent’s approval.
When can a travel ban be requested for a child?
A travel ban (Ausreisesperre) can be requested in particular in the following situations:
When there is joint custody (Sorgerecht) and one parent fears that the other might travel abroad with the child without their consent.
When there is a serious conflict between the parents after divorce or separation, together with a real risk that one parent may take the child abroad.
When there are concerns that the child may be taken to a country outside the European Union, especially a country that does not return children under the Hague Child Abduction Convention.
When one parent has previously attempted to travel with the child without the other parent’s permission.
How is a travel ban officially imposed?
1. Submitting an application to the Family Court (Familiengericht)
An application is filed with the Family Court, usually called:
“Antrag auf Ausreiseverbot nach § 1666 BGB” (Application for a travel ban under § 1666 of the German Civil Code).
Evidence of a concrete risk must be provided, for example:
previous trips carried out without consent,
clear statements indicating an intention to leave the country with the child,
persistent and serious conflicts between the parents.
2. The court issues a decision imposing the travel ban
The court issues an order banning the child from leaving the country. This decision is formally notified to:
the Youth Welfare Office (Jugendamt),
the Federal Police (Bundespolizei),
the passport authority (Passbehörde).
3. Entry of the child into a travel monitoring system
A warning is entered into the border control system (Grenzfahndungssystem).
This enables the authorities to stop the child at the border or at the airport and prevent departure if the other parent is not present or the accompanying parent does not have written consent from the other holder of custody.
What can the court’s decision include?
The decision of the Family Court may include one or more of the following measures:
Prohibiting the issuance of a new passport for the child.
Ordering the parent who has the child’s passport to hand it over to the authorities or deposit it in a designated place.
Prohibiting the child from leaving the country without the joint consent of both parents who hold custody.
Ordering the authorities to inform the police of any attempted travel with the child out of Germany.
Very important:
If one parent, despite joint custody, attempts to take the child out of Germany without the consent of the other parent, this may be considered:
a criminal offence of child abduction or removal of a child from the care of the other parent (Kindesentziehung),
punishable under § 235 of the German Criminal Code (StGB).
Such behaviour can later lead to custody being withdrawn partially or completely from the offending parent.
Can the travel ban be lifted later?
Yes. The parent who is affected by the travel ban can:
file a new application with the Family Court requesting that the travel ban be lifted,
provide proof that the situation has changed or that the risk on which the original decision was based no longer exists.
The court may then allow travel under certain conditions, such as:
obtaining written consent from the other parent,
specifying the travel destination and the exact duration of the trip.
Practical tips:
| Situation | Appropriate action |
|---|---|
| You are afraid that the other parent may take the child abroad without your consent. | Immediately file an application for a travel ban (Ausreisesperre) with the Family Court. |
| The other parent has clearly expressed an intention to travel with the child to a country outside Europe. | Request an urgent decision (interim relief / Eilverfahren) from the Family Court. |
| The child already has a valid passport. | Ask the court to have the passport temporarily withdrawn or to oblige the other parent to hand it over. |
| You wish to travel with the child and you have sole custody. | Always carry documents proving your sole custody when travelling, in order to avoid problems at the border. |
Disclaimer:
The editorial team of the website makes every effort to provide accurate information by conducting in-depth research and consulting multiple sources when writing articles. Nevertheless, errors may occur, or some information may be incomplete or not definitively confirmed. Therefore, the information contained in these articles should be regarded only as an initial reference. For binding and legally reliable information, you should always contact the competent authorities or qualified professionals.
