Joint physical custody in Germany: legal framework and results of the Family Models in Germany (FAMOD) study

Abstract

Only since a landmark decision by the Federal Court of Justice on 1 February 2017 has it been clear that family courts in Germany can order symmetric joint physical custody against the will of one parent. The prerequisite is that this solution is in the child’s best interests. This article analyses which criteria have been used by courts to order this physical custody arrangement since the decision. It also presents the results of the Family Models in Germany (FAMOD) study, which the authors conducted in Germany by interviewing a total of 1,554 families to investigate the living conditions of children cared for in joint physical custody care arrangements. Joint physical custody children were compared to children growing up in sole physical custody arrangements. Results show that joint physical custody can be a good solution for parents who succeed in keeping interparental conflict away from their children and reach an amicable agreement on the care of their children after separation. However, the advantages of joint physical custody were more apparent for children in the age group of 7–14 years than for younger children in the age group of 2–6 years. Furthermore, asymmetric joint physical custody seemed to have more positive effects on children’s well-being than symmetric joint physical custody.