European UnionI have a custody order from Spain but live in Germany now. Is it automatically recognized?
Yes, a Spanish custody order is automatically recognized in Germany under EU Regulation (EC) No 2201/2003, without any special procedure.
What the Law Says
EU Regulation (EC) No 2201/2003 — known as 'Brussels IIa' — governs jurisdiction and recognition of decisions on parental responsibility across EU Member States (except Denmark). It ensures mutual recognition of custody orders without requiring new proceedings.
If you have a valid custody order issued in Spain — an EU Member State — it is automatically recognized in Germany under this Regulation. You do not need to apply to a German court for confirmation or enforcement unless you seek to enforce it (e.g., to secure child return or access).
The Regulation applies to all decisions on parental responsibility, including rights of custody and access, made in civil proceedings. It covers judgments, court settlements, and authentic instruments.
Recognition is automatic and immediate: no declaration of enforceability or exequatur procedure is required in Germany for recognition alone.
Statutory TextA judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.
— Council Regulation (EC) No 2201/2003, Art. 21(1) — Recognition of judgments
What Courts Have Said
EU courts have consistently affirmed the principle of automatic recognition under Brussels IIa, emphasizing legal certainty and free movement of judgments.
The CJEU reaffirmed that automatic recognition under Art. 21(1) is unconditional and cannot be made subject to national procedural requirements.
The Court held that recognition must occur without review of the substance and that refusal is only possible on narrow, exhaustively listed grounds (e.g., violation of public policy or breach of right to be heard).
What to Do
Keep your original Spanish custody order (certified copy with Hague Apostille if requested by German authorities)
If enforcement is needed (e.g., to obtain child handover), file an application for enforcement with the competent German family court (Amtsgericht with family division)
Provide a certified translation into German if the order is not in German
You may request a certificate under Article 39 of Regulation 2201/2003 from the Spanish court — this simplifies enforcement in Germany but is not mandatory for recognition
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.