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Aufenthaltsbestimmungsrecht

English translation: right to determine the place of residence

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Aufenthaltsbestimmungsrecht
English translation:right to determine the place of residence
Entered by: EdithK
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15:15 May 23, 2003
German to English translations [PRO]
Law/Patents
German term or phrase: Aufenthaltsbestimmungsrecht
In a divorce decree from a German court.

Das Aufenthaltsbestimmungsrech un die Gesundheitsfuersorge fuer die gemeinsame Kinder XXX wird der Mutter uebertragen.

I can translate the term OK directly, but am looking for the correct legal term (US version preferred).

Many thanks
transatgees
United Kingdom
Local time: 21:11
right to determine the place of residence
Explanation:

... among the courts of different countries concerning the position of non-custodial
parents who retain a right to determine the child's place of residence. ...
www.trojansecurities.com/child_Hague.html - 17k - Im Cache - Ähnliche Seiten

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Note added at 2003-05-23 15:25:08 (GMT)
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or as per KudoZ
May 4
Law/Patents
Aufenthaltsbestimmungsrecht
physical custody
Divorce
Selected response from:

EdithK
Switzerland
Local time: 22:11
Grading comment
Thank you
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3right to determine the place of residence
EdithK
5physical custodyezbounty@aol.co
4choice of residence [or custodial home]
Maureen Holm, J.D., LL.M.


Discussion entries: 1





  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
right to determine the place of residence


Explanation:

... among the courts of different countries concerning the position of non-custodial
parents who retain a right to determine the child's place of residence. ...
www.trojansecurities.com/child_Hague.html - 17k - Im Cache - Ähnliche Seiten

--------------------------------------------------
Note added at 2003-05-23 15:25:08 (GMT)
--------------------------------------------------

or as per KudoZ
May 4
Law/Patents
Aufenthaltsbestimmungsrecht
physical custody
Divorce

EdithK
Switzerland
Local time: 22:11
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 9172
Grading comment
Thank you

Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: I agree with your translation of the German court's decision. Custody is taking it a step too far, I think.
45 mins
  -> I think so too, just copying what asker of a former KudoZ question picked as a solution

agree  GreenTara: -- Susanne
2 days14 hrs
  -> Danke Susanne.

agree  Ron Stelter: right on
2 days23 hrs
  -> Thanx Ron
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1 hr   confidence: Answerer confidence 5/5
physical custody


Explanation:
This is the legal right to determine where the children will reside, in this case with the mother and whereever she determines to live!

ezbounty@aol.co
Local time: 14:11
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 287

Peer comments on this answer (and responses from the answerer)
neutral  EdithK: Hi Ellen, I suggeste that exactly 58 minutes earlier. Hope you do not mind my *neutral* here.
1 hr
  -> no problem, we are all exposing ourselves to each others input and feedback to keep us sharp and get sharper!

agree  gangels
2 hrs
  -> thank you!

disagree  Kim Metzger: Since we're translating German law I would stick as close as possible to the German original - determining place of residence.
4 days
  -> the order determines the meaning
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4 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
choice of residence [or custodial home]


Explanation:
Unless your text indicates otherwise, it appears that since this wife-mother has been awarded sole decision-making power regarding health (probably education, too) and residence, it is likely that she also has been granted sole custody. Note sole custody may still imply visitation, except in a case, as below, where the husband has been abusive of her, of alcohol, or both, and does not rehabilitate. Thus, it does not follow from the award of sole custody that the wife-mother can leave the state.

In my view, to translate "bestimmen" as "determine" is too close to the German. In English, it comes down to freedom of choice, not dictatorial power.

"The model statute specifies that it is in the best interest of the child to reside with the non-violent parent and that this parent should be able *to choose the location of the residence, even if it is in another state.* The noncustodial parent may also be denied access to the child's medical and educational records if such information could be used to locate the custodial parent."

Maureen Holm, J.D., LL.M.
United States
Local time: 16:11
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986
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