Hello. I seek asylum in Germany for years but right now I'm in Denmark

Question

I seek asylum in Germany for years' after 3 years I was giving Duldung and working permit, I have been working as a caregiver for 2 years now. But I have problem which the state where I seek asylum knows about it,  my child father have been threatening to kill me because I didn't let him take my child to Africa forcircumcision and traditional ritual, I have report to the state police many times they didn't do anything about it. And he told him that i was liein.I even take him to court so dat I can get the full right over my child. They filled me. They said they can't stop him from seeing his child. He's not working He don't care for the child mental health. He can insult me anywhere he see me in the city. So after the court hearing. This year ' they told him to undergo mental therapy for 6 months, an he said in the court dat he's going to paint the street with my blood.. so I run away to Denmark but I don't want to stay in Denmark.. I don't know if I can seek protection in another state in Germany like hamburg or Berlin,  since the state where I seek asylum didn't want to help me get him out of my child life.. I'm doing this for my child mental health. Because she see everything that is happening..I wanted to go back to Germany since we have not been interviewed yet... and the funny part is that I came to Denmark with my Duldung but I don't want to stay.
I'm very afraid, I don't want to get kill dat is why i run away..I have poof. Alot of them.i don't know if I can seek protection from another state... please I need help so dat I can  deregister my asylum with Denmark and go back to Germany.

Answer 1

Hi @Amanda pat

I’m sorry to read of your situation. Under the EU asylum rules called the Dublin procedure, you will anyway at some point be told to return to Germany, as you already had an asylum case there. If you do not wish to wait, inform the Danish asylum authorities of your previous case in Germany.

Once you are back in Germany, you have to first return to where you were living. This is the place written onto your Duldung. You can apply to the Ausländerbehörde to move but this is only allowed in exceptional cases for humanitarian or family reunion reasons.

If you work and earn enough to support yourself and your child, then you are no longer obliged to live in a particular area. You apply to have this obligation removed by making what is called an ‘Antrag auf Aufhebung der Wohnsitzauflage’.

Those are the rules regarding moving in terms of migration law. There are also rules about moving in terms of family law. As the father still has custody of the child, he also has the right to have a say in where the child lives. This is called ‘Aufenthaltsbestimmungsrecht’. You both have this right. If you cannot come to an agreement about a potential move, then the family court can rule on whether to allow the move. It will put the best interests of the child at the centre of its decision.

If you are allowed to move or if you at some point have sole custody of your child, then the father still has visitation rights. This is called ‘Umgangsrecht’. He has both the right and obligation to maintain contact with his child. Again these rights can only be modified, restricted or removed by the family court in the best interests of the child.

I encourage you to engage with the Jugendamt and family advisory services (Familienberatungstellen) back in your place of residence in Germany. If you feel in immediate danger, contact the police. If you need somewhere safe to stay, contact the local women’s shelter (Frauenhaus) in your area.

Best,

Éanna