AC Model: Where the child has his main

residence?
It happens every day that couples to separate. In many cases, children are of this separation affected
and there must be a regulation to be made where they will live in the future, when Mom or Dad
or alternately in both. If the child lives to time equally with his father and mother, it's called
residence model as equally owned exchange model. However, in this context always be
disputes where the child has his main residence. Also in this current case, this dispute ended
up in court.

Two apartments at the same address

A man and a woman lived in an illegitimate community , In March 2007, their son was born.
Since May 2009, the woman and the child were reported in the opposite her husband's
apartment on the 4th floor. The care for the son practiced the woman since birth, first alone,
since 06.11.2012 custody is the parents together. In August 2011, the couple separated and
the wife moved with the child in the spring of 2012 finally out of the house where the father of
the child was alive, and in a somewhat more distant apartment one. For this apartment she
reported for himself and his son to the principal residence on 12.04.2012.

Exchange model agreed

Regarding the residence of the child after their separation the parents entered into an
agreement, effective from January 2012 that the boy after the so-called. Parity exchange
model in the weekly change lives with the mother and the father. This exchange model was on
27/05/2013 by the competent District Court defined as binding.

requested change of principal residence

On 18.03.2013 the man requested that his home address is entered with effect from
12.04.2012 in the population register as a principal residence for the boy. That request
rejected the competent authority
but with decision and declared, main residence is mainly occupied apartment. The assessment
period for the determination of the apartment mainly used was the period between 06.11.2012
and
30.06.2013 fixed. The time previously could not be considered because the man was not
entitled to custody. During this period the boy to 120 days in the mother and at 117 days was
with the Father. The man appealed against that decision opposition , This was rejected by an
appeal decision. It was explained that the boy lived, after reassessing of 119 days in the
mother and 118 days with his father. Consequently, the principal residence of the child with the
mother was.

Action for rectification of the Register of Residents

On 14/11/2014 the father finally rose legal action an adjustment to the population register. He
justified the action so that the choice of the reference period had been set arbitrarily by the
authorities that the days were counted wrong and the son was often with him. In addition, the
center of life of the child that are available to him, especially by the proximity to the school and
to his friends and acquaintances. In addition, the principal residence of the child was his
address since the beginning of May, 2009.

Action does not succeed

The judge noted in her ruling that the father is not entitled to rectification of the Civil
Registry regarding the data of his son.

Correction of reporting data only has to be done if the stored data is incorrect or incomplete.
Neither is the case here. The child's housing data are properly represented in the
population register.
If a person has several apartments, so one Federal Registration Act (BMG) BMG 3 for
secondary residence is in accordance with § 21 para. Only one of these apartments be the
main residence, all other apartments will be in accordance with § 21 para.. This rule applies
gem. § 22 para. 2 BMG also for minors who use several apartments. In this context, mainly
used apartment is the one in which the minor resides most often. If this is not observed, the
residence times are purely qualitatively determined and compared for determining this priority.

The registration law is applied to a simple and speedy implementation. Therefore, the
concrete implementations of an agreed joint exchange model in individual cases can not
be verified. Uses a child for this reason, none of the two apartments verwiegend, in such
cases, with the auxiliary criterion of the gravity of the relations of life a principal
residence must be determined.

Both criteria do not apply in this case. For this reason, persons having custody exercises to
determine the primary residence for minors. the separated parents can not agree, the
registration authority determines the main dwelling.

The authority assumed correctly that the main residence of the child is the apartment where it
now resides with the mother. To
05.11.2012 the woman was responsible for them alone. For this reason, her old home was the
main home of the boy. Therefore, after they had come out only their new apartment could be
the new principal residence of the son. That as of 06.11.2012 both parents had custody, does
not change this.

It also comes to a different conclusion if one assumes that the father would have been
responsible for them since birth. In this case, the main house is the family apartment. In case
of separation, the apartment where the child has remained initially considered as their main
residence. In this case, the boy continued to live with his
Mother at the same address as his father, only in their own homes. Thus, her apartment was
the main residence. After their exodus into a new apartment this apartment has been main
residence of the boy since he was reported there.

The man therefore has no legal right to amend the Civil Registry and to the
determination of his apartment as their main residence. However, an amicable
settlement with the mother of the child is possible.

Conclusion: When parity exchange model is not necessary to look to the actual residence
times for determining the principal residence of the child, as both apartments are used
equally. Here the alternative, can be targeted to the gravity of the relations of life.

(Berlin Administrative Court, judgment v. 21.04.2016, Az .: 23 K 270.14)

(WEI)

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