Clarification of &quot;Custodial Person&quot; law in Germany? I will be traveling to Germany from the United States for 2 weeks with my 15 year old cousin. I will be 23 years old at the time of travel. I am curious to know, for those 2 weeks, would I be considered a Custodial Person for my cousin under the German law as defined here? "A Custodial Person is an individual who is personally or together with another individual responsible for care and custody of other persons according to the legal provisions of the (German) Civil Code [BGB]." (pg. 1) Thanks for your help!
No. The custodial person that is meant by this are usually the parents or another court-appointed person that stands in for their parents. I think the common law term closest is "legal guardian". The details are defined in § 1616 ff. of the German civil code.
The COVID restrictions are new enough that there are few court decisions on how to interpret them. There are frequent requests for court injunctions seeking temporary relief. Some pass, some are denied. The website might accuse locations listed there of breaking the restrictions. Making such an accusation in public sounds like a very bad idea, especially if there is no solid documentation. But the aggrieved party would be any location falsely listed. The site may or may not be hosted in Germany. If it is not, it becomes a really interesting question which law applies. You might inform the authorities, but beyond that, forget it.
The modern rule is that individuals in a married couple are almost never considered a single person (ownership of real property in a tenancy by entireties in a few states mostly in the Northeast, is a narrow and rare exception). Historically, considering a married man and woman to be a single person (a legal doctrine called coverture) was common place in the common law, but almost all such rules have been superseded. Lots of the relevant law and legal history is considered in the answer to this question at Law.SE.
There is no systemic process by which convictions of crime in Germany (at all, let alone for misdemeanors) are reported to authorities in Canada. This said, a Canadian charged with a crime in Germany has a right to consular assistance (i.e. to call upon the Canadian embassy for help). And, if the Canadian actually does obtain assistance from the Canadian government in defense of criminal charges and is convicted anyway, obviously, a Canadian government official will know about it. I don't know if Canadian diplomats who provide consular assistance who learn of criminal convictions of Canadians abroad report those convictions to criminal record database record keepers in Canada, although I suspect that they do not.
Note: All links in Spanish (sorry). Regardless or your father being or not the legal owner of the home, the issue at play is that of alimentos1. This is an obligation between some family relationships to help each other so if family member (the alimentista) is in dire need of help (i.e., needs the help to survive) the others have the obligation to provide the help. The relatives of the alimentista affected are, in order: The couple, always when married and only when expressly agreed upon for non-married couples. Descendants: sons/daughters and grandsons/granddaughters. Ascendants: parents and grandparents. Brothers: Only when indispensable and the minimum amount. The order determines who of all the family members is under obligation to provide the help; in case of multiple people in the same category the amount is to be divided between them in function of their income. The amount of the help is not fixed and will depend of the circunstances of the situation2; and it is possible to provide by providing the needs(shelter, food) directly. Now, until when does a father/grandfather need to provide alimentos to a son or daughter? Certainly until s/he is 183, as this is the date of full age in Spain, but it is usual to consider that the obligation exists while the alimentista is studying and lacks of his/her own means of subsistence. That is not a "free rider" situation, as alimentos may be denied by several reasons: Obviously, because the person that should provide the help does not have the means to do so without endangering his own subsistence. The alimentista gets his/her own means of subsistence. Any of the causes that would make the alimentista unable to inherit from the person providing the help4: attempted murder, coercion to change their will, and other grave crimes. The alimentista does not do enough to get his/her own means of subsistence. If a judge decides that the alimentista son/daughter is neither studying nor seriously trying to get a job, the help can be revoked. Judges seem to be progressively taking a harsher stance against descendants who refuse to do their part. The article quotes the case of a 19 years old guy whose claim to the pension was denied. As a side note, rejecting to pay alimentos is another of the causes that would cause the person doing it to lose any right to inheritance from the alimentista. If for whatever the reason you do not qualify for alimentos, the details of the agreement between your father and your grandfather for the home become relevant5: If your father has formally rented the house then your grandfather position is not relevant, as your father has all of the rights6. If your grandfather allows your father to live in the house without paying rent, then it is your grandfather rights as owner against your father rights as an occupant. No idea about the outcome of that situation. UPDATE: You still do not tell about your grandfather stance about the issue, which is important. If your grandfather agrees with your father7 then the only way to stay at home is that of alimentos. What you describe is a situation of either precario or comodato, where your grandfather allows the use of the home without compensation. The differences are: precario is for an undefined time. comodato is for a defined time/use (e.g. for X years). Now, I have to suppose that you are not part of the agreement so it is just between your father and grandfather. That makes it your father's dwelling, and beyond alimentos he cannot be forced to share his dwelling with you. But if this is a situation of precario (which is what most often happens) your grandfather has the "nuclear option"8 of threatening to evict your father, as it is a relatively easy (in the legal sense, not the personal one) procedure. In a situation of comodato your grandfather could not evict your father until the conditions of the cession expire, making threats somewhat weaker. As a final note, and given how specific this answer has become: I am not a lawyer, you have not provided enough specific info, and this is not legal advice. Talk to a lawyer. Maybe a lawyer will check the agreement and it will turn out that your father is paying rent by performing some service, voiding the precario aspect. Maybe with the details provided the lawyer can find a way to an agreement that is more amenable to all. Talk to a lawyer. Shut up. The issue at hand may be stressful, and sometimes it might be tempting to boast to your father about the issues of alimentos or precario. Don't. If there is something to be said about that, let your lawyer do the talking. Try to stay calm. Consider the effect of your actions before taking them. While there is nothing wrong with talking to a lawyer, going beyond that and beginning a legal battle with members of your own family is most of the times an ugly affair. It could easily have an effect for a very long time in your relationship with most of your family, even with those who are not directly implied. Try to stay calm. 1 Literally, "foodstuffs", but when used as a legal term it includes other basic needs. 2 There are some official guidelines but judges seem to have freedom to follow them or not. 3 I believe that there are some exceptional reasons to lose such right before becoming 18 (e.g., sons condemned of attacking their fathers and the like) but I have no specific data about those. 4 As a side note, in Spain last wills do not allow the "donor" to distribute the goods freely, as some porcentajes of the inheritance must obligatory be provided to descendants and widowers. 5 Of course, in the case that your grandfather wanted to oppose your father's decision. 6 Since one of the legal reasons to end a rent agreement is to provide a home for a first degree relative, your grandfather could expel you from your rented home to give it to your father, but not the other way around. 7 And "agree" does not mean "Is happy with the decision" but "Will not go to the court to challenge your father decision". 8 Which is a very relevant analogy, because it could be almost as damaging to your family as a literal nuclear bomb.
That is happening all the time. Accusations of historic child abuse are often made, often investigated, and often punished. Where the victim is from doesn't make a difference in most countries. Most crimes are prosecuted in the country where they happen. Some crimes, especially sexual abuse of children, will often also be prosecuted in the country that the offender is a citizen of, especially if the country where it happened is hesitant to prosecute. In your example, if the abuse happened in Switzerland, Switzerland will try to get the offender extradited from Italy, and will ask witnesses to come to Switzerland to make statements in court. Italy might prosecute the alleged offender if he is Italian, they might even prosecute an Italian resident, but I don't know their laws.
If someone is arrested by federal agents and referred for indictment, they have to be processed by the federal justice department. Processing includes things like being fingerprinted and going before a judge to get bail set or denied. Federal protocols demand that the prisoner goes through this process without family members. Once the prisoner is processed, there is no detainment requirement. The prosecutor can request detainment, but prisoners could be released on their own recognizance, on payment of bail, or to another organization. For obvious reasons (flight risk), border crossers are generally released to Homeland Security rather than on their own recognizance or with bail. According to the LA Times: Rio Grande Valley border agents have prosecuted 568 adults and separated 1,174 children since zero tolerance began, Padilla said. Of those, 463 were reunited with parents “in a matter of hours” after they returned from court. It wasn’t clear how long the rest were separated. That was as of June 17th of 2018. There isn't a breakdown of why some families were separated longer. TL;DR: No, it is not a requirement that prisoners be kept by the Marshals. It is a requirement that they be processed separately from people not being prosecuted (e.g. their children) and members of the opposite sex (e.g. most spouses). After processing they can return to detainment.
germany German Länder do not provide any citizenship-like benefits. You are a resident and that determines your administrative duties like where you register your car, which public school you can go to, where and which taxes you have to pay etc. Some places in Germany differentiate their services between &quot;locals&quot; and &quot;others&quot;, for example beach access in tourist cities is sometimes locked behind a fee to non-locals (aka tourists). But that never depends on federal state, but on way smaller units. Residents of one beach town might be &quot;tourists&quot; 20km down the road at the next city's beach. It is more of a &quot;the people whose taxes allow us to maintain this, go for free&quot; approach. Outside of badly translated internet forms originally made for the US, I have never been asked for my Bundesland. The Bundesland is not printed on our national ID cards. Although anybody with a little knowledge of geography (or access to Google) can find out your Bundesland by just looking up the actual address that is printed on the ID card, the information of which Bundesland this is is really not important outside of government bureaucracy.