| I
was put in prison twice, a month each time,
... Second Part, the full story |
Nov. 2002
Maloney Children in Germany, Separated from Father
14 Years
 The
father, Clarence Maloney
Born in NY xx Aug 1934, US passport issued Singapore
March 99,
raised in India of missionary parents,
PhD in South Asian Studies and Anthropology (U of
Pennsylvania),
former professor in universities in USA,
author of 10 books on people and cultures of South
Asia,
working as social scientist and project manager in
international development projects with USAID, World
Bank, other development organizations, and now almost
retired.
Married to Shashi Maloney (Indian), with our children
ages 11 and 8.
Address in India: PO Box 49, Kodaikanal 624101,
Tamil Nadu, India, XX but sometimes living other places.
I can always be reached at ct_maloney@hotmail.com
The
mother, Dr (med) Barbara Sabaß, and children
Born München xx July 46, German, living with
the children (now 1 or 2 of them) at
Rimstinger Str. 16, 83209 Prien/Chiemsee,
Germany, tel. +49-8051-2785.
The mother has a psychotherapy practice at the same
address. Her email is Sabass@t-online.de
 Benedikt
Clarence Maloney, age 21, born in Munich, original
US passport Z40xx June 81 issued Munich, SS no. 220-xx.
He had an email address, but after I wrote him on
it a few times, it no longer worked.
Malika
Dorothea Theresa Maloney, age 20, born in Munich,
original US passport Z44xx issued Munich, SS no. 220-xx.
I don't have an email address.
Konstantin
Simeon Maloney, age 15, born in Munich, original US
passport issued in Munich but number not known, SS
no. 220-xx.
The children are also German citizens registered in
Family Book in Munich Standesamt III:
Benedikt No. xx/1981,
Malika No. xx/1982,
Konstantin No. xx/1987.
All 3 children also have American birth certificates
issued by US Consulate in Munich.
The mother changed the family name of the children
from Maloney to Sabaß, despite my vigorous official
protests.
Marriage
Barbara Sabaß and I married in Dhaka, Bangladesh,
15 Jan 81, certified by American Consulate in Dhaka.
I was working in USAID there and she came as a tourist.
She married me only to have children, and did not
want a husband, for which evidence is:
1) letters from 3 persons who heard her say that,
2) her brother Michael Sabaß' letter to me in
1989 that she has a "feeling against men",
and
3) her aggressive frequent beating me during the marriage,
and
4) her photo album of the family, omitting all pictures
of me till the last page!
I believe now that she married me as a foreigner knowing
that according to Germany legal practice she
could throw off the husband, keep the children in
Germany, and forbid the father's access to
them.
The mother started divorce proceedings right after
the birth of the 3rd child.
Actions to keep me out of Germany and away from
the children
I last saw the two younger children in Germany in
Dec. 1998.
That year Benedikt came to India and Bangladesh with
me for Christmas, with the mother's consent, and in
January 1989 I put him on the plane to Germany, as
agreed.
We sat in the Dhaka airport upstairs restaurant, and
he said, "Daddy, promise me one thing.
Will you stay and see me go up the steps into the
airplane?"
I said surely, and did so. I got him on the phone
one month later, and he only asked, "Did you
see me go up the steps into the airplane?"
I said yes. Then the mother hid the children, with
assistance of the court, and I could not reach
them again for 5 years
Ms Sabaß issued through her lawyer Klaus Berger
in Munich a notice initiating divorce on 15.3.89.
(She had never directly discussed divorce with me;
despite the very difficult marriage, I would not have
initiated it). I was then in USA and had no legal
representation in Germany.
Then I filed for divorce in Bangladesh, finalized
24.9.91.
On Easter, 1989, I entered Germany to try to
slip into Easter church to be with the children.
But the mother saw me and commanded me to "get
out of Germany and never return,"
and I could not see the children.
On 28.6.89 the Local Court of Miesbach,
Bayern, on the sole representation of the mother,
issued an interim order (F 135/89) that the children
will stay with the mother and I am
"forbidden to enter the flat". The court
ordered that I must pay
DM 3.478 (1.200 Euros) per month as child support
and alimony- though the mother had a medical practice,
a fact which she hid.
On 21.6.89 the Amtsgericht
München issued a Haftbefehl (CEED:=Arrestation
Order) (München I: 2457 Js 168507/89)
but I did not know it. The mother moved
several times and hid the children.
In September 1989 I entered Germany by train
from Switzerland to try to find the children.
I was apprehended at the border and put in Stadelheim
prison, München.
I was accused of not paying
the money ordered, accused falsely of planning
their abduction
(about which the mother had made the court
extremely afraid), and was also the victim of false
sexual accusations manipulated by the mother.
Ms Sabaß had skillfully engineered an array
of other false accusations, that I am a "criminal",
"unstable" personality, "deviant"
in behavior "attacking" children,
etc. etc.
I was kept in prison 6 weeks till I
could pay DM 20,000 (10.000
Euros). The court ordered that I should pay
all the back money and leave Germany, failing which
I would be put in prison for 18 months.
I left and took up a job with USAID in Delhi. I immediately
paid DM 8.000 (5.000 Euros) directly to
Ms Sabaß through her lawyer "to establish
a good relationship" but she didn't respond,
and proceeded with her demands and false accusations.
On 15.11.89 on the request of the mother, the
court in Miesbach issued another order (F
135/89) giving custody to the mother, forbidding
my contact with the children, and demanding that
I pay DM 50,000
(25.000 Euros) from sale of a house in USA in which
Ms Sabaß had an
interest- but this was a false demand as I
had already returned her investment with fair interest
and she had signed the house over to me!
The pattern of lies was well established!
Within a few months the children were totally brainwashed
against me- the mother is a strong person, former
top actress in Berlin, and psychotherapist, and to
live with her the children had to agree with her.
She did this by the known technique of "intensive
suggestive questioning"
(described in S Clawer and B Rivlin, Children Held
Hostage: Deal-ing with Programmed and Brainwashed
Children, Chicago: American Bar Assn., 1991).
I had no way to contact them. Under this influence
the children made false accusations about me
to the judge, which influenced the Jugendamt
and the courts, but I was never interviewed.
I requested the Miesbach court in my Application
of 8.12.89 and again in a letter of 2.8.94 to order
a full family study of these accusations, but
it was not done. The godmother of Benedikt wrote to
the Miesbach court insisting that contact between
me and the children must be maintained, but the court
also ignored that.
It was very clear to me that Judge Edler-Golla of
Miesbach from the beginning only ordered all that
the mother wanted.
On 18.12.89 the mother made the Miesbach court
afraid that I would abduct the children- though what
I had requested was joint custody as I did not want
to snatch them. So that court issued another
order at the mother's request that I should have no
contact with the children, also not through another
person or organization.
I wrote many many letters to Judge Edler-Golla in
Miesbach, Jugendamt, and others, but got no
reply. The court had ordered a Gutachen study
by Max Plank Inst. which (wisely) refused to take
up such a case.
The court then got a so-called "expert,"
Klaus Räder to make it, so I wrote him a 22-page
history and offered to travel to Germany or any place
to personally meet him, for his fair appraisal of
the case.
He did not reply, but interviewed only
the mother -not even the children- and wrote down
on 14.4.82 only the statements she made. The
Jugendamt also wrote a statement based only
on the mother's words. How can a court tolerate
travesty of justice???
The court itself had helped the mother
in hiding the children's registration and other
evidence of their whereabouts as the mother alleged
that I would snatch them, and I could not find their
location.
Only after 4 years, on 6.7.94 the Amtsgericht
Miesbach gave its final order of divorce (F 135/89).
I believe this 4-year delay was intentional-- in a
dispute about children such delay is totally against
justice and international Rights of the Child.
This order gave all rights to the mother and refused
my requests for joint custody and even for contact
with the children. It repeated some of the misleading
false accusations made by the mother.
It granted the divorce (I had already obtained divorce
in Bangladesh; the German court recognized
the marriage there but denied recognition of divorce
there!!)
It ordered that I should pay
DM 3.642 (1.800 Euros) per month for child support
and alimony
(the mother had a medical practice but lied
that she had no income). I could not pay
this amount,
but tried for some months. Finally I stopped paying
as I was not respected as the father.
The mother knew that by this means she could keep
me out of Germany.
In April 1995 as I was passing through
Frankfurt airport, I was again taken and put in Stadelheim
prison, for 4 weeks, till my wife in India with extreme
difficulty could raise DM 20,000.
Ms Sabaß told the Staatsanwalt lies -
that I had come to abduct the children, that I had
tried to contact people to help me in that, and that
I was such a dangerous man I must stay in prison a
very long time!!! (can confirm with my lawyer, Wilfried
Eysell, +49-89-236679)
Meanwhile I had appealed the order of the Miesbach
court. The case came up in the Oberlandesgericht
München while I was in Germany in prison.
I was told that the judge (Schönfeld Engelhardt)
would interview the children, so I gave him 3 letters
with photos to put into their hands - as I had no
contact with them for over 5 years and didn't know
where they were.
But the judge told my lawyer that that the children
did not want any contact with me and did not want
to get letters from me, so he returned the letters
to my lawyer!!!
At the Oberlandesgericht hearing, the mother again
made the court afraid falsely that I
would snatch the children. She said openly "I
don't want the father to have any contact with the
children till they are grown, then they might want
to know who he is."
The court did not say anything
to contradict this demand-which shocked me.
This court (2 UF 1203/94, decision 19.5.95)
upheld the order of the Miesbach court, ordered me
to pay all money
including even alimony, and denied my request for
contact with my children!!
I wanted to appeal to the Constitutional Court, but
was told by my lawyer that it would be no use.
Further efforts
In 1995 after 5 years of not knowing where my children
were, I somehow got their address and other information.
I contacted a father's association, Väteraufbruch
für Kinder in München, which delivered a
letter to my son Benedikt in school. But the mother
wrote a complaint to the court that I had tried
to contact them, and said the boy tore up the letter
without reading it and put it in the toilet.
Since then, I have written many
letters to the lawyers but am informed that
nothing has changed and nothing can be done. I wrote
hundreds of letters to the American Consulate in Munich,
judges, Jugendamt, Caritas, newspapers, former acquaintances,
the childrens' schools, etc, but
got no help,
I tried intervention through the international agreements
on Rights of the Child, but individual cases
are not taken up.
I filed a long application with 44 attachments to
the international Covenant on Civil and Political
Rights in Geneva, but the case
was not taken up.
I have a stack of documents representing
my efforts on this case nearly 1m high.
Parental alienation
The children were totally turned against me within
8 months of separation, and in the following years
have become hardened.
The mother is so strong that they could only live
with her that way. Once I got their address,
all my efforts to contact the children by letter or
another person were thwarted with a vengeance by the
mother. They did not get my letters, or they refused
to read them. One time through a contact I got a birthday
letter with $100 put into Benedikt's hands.
The mother complained to the court that I had
done that, and said Benedikt refused the money
and she had sent it to my lawyer. But she lied,
as the lawyer did not receive the money. Some people
wrote me repeatedly of Ms Sabaß lies and deception
and what she has put on the children.
However, once I got the phone number, I started phoning.
When I first got Benedikt, then 14,
and identified myself, he just said, "If you
call me again, I will kill you!"
Three times since he has said that to me- even as
he turned 18.
Usually on hearing my voice he just puts the phone
down. I found an e-mail address for him and sent him
letters, but now he has canceled that address and
I cannot locate him.
I got my daughter Malika a few times, but she does
not speak to me. I got Konstantin a few times, and
earlier we spoke nicely, but now when reach him he
says "Shut up," "Schwein,"
and "Alos." When I get the mother
she abuses me or slams the phone down.
In 1997 I asked a German lady acquaintance to try
to meet my daughter Malika outside her high school.
Malika told the lady that she had class and would
come in an hour.
Then she came out with the mother!
The mother shouted for some time that "These
children have no father" and physically dominated
and overwhelmed the lady acquaintance, who could make
no further effort. That lady wrote to me
of the "massive influence" of the mother,
and her "accusations against me which
she cannot prove".
I have several other letters about Ms Sabaß'
constant lying and deception and that she has organized
false testimony to courts on other issues,
and that she is "raising the children in lies."
In 2001 a lawyer in Berlin, Hxx Pxx, investigated
the case and after reading all the documents and many
inquiries, wrote all 3 children and the mother asking
if there was any reason for them to reject me as father.
They did not cite any, but rather threatened the lawyer!
He then wrote them again asking them to open up and
recognize me as father.
All 3 answered him only with vile abuse and threats!!
This is the most severe case of PAS (parental alienation
syndrome) one can imagine.
I really appreciate the work of Richard Gardner, psychiatrist,
who has clinically described PAS (Parental Alienation
Syndrome), and pointed out the terrible pain a father
who would be a loving parent to his children, endures
when abused thus because of the destructive brainwashing
of the other parent, and that the children who are
brainwashed to do this have total absence of guilt.
And I fear for the children, as all that I have read
points to negative effects on their lives.
I am only encouraged that there is
growing international movement, which conducted a
hunger strike over these issues in Berlin [
see Hungrestrike at Alexanderplatz  ]
and is planning a demonstration against violation
of the UN Rights of the Child before the International
Court in Strasburg
[ see Meeting
in Strasbourg dec.,10 th ]
and there are associations of left-behind fathers
within Germany demanding that the German Government
treat both parents equally
[ see Appeal
of Frankfort ].
Condition of the mother
Dr (med) Barbara Sabaß claims to be a psychotherapist
but has a severe problem herself.
She was a voluntary psychotherapy patient (with Dr
med Ingrid Lewandowski, Wiesserstr. 3,
8184 Gmund). Her two brothers, her step-mother, and
Benedikt's godmother all broke off contact
with her, and wrote me so, because of her abusive
manner.
She is an intelligent person, but very manipulative
and abusive.
She had been a top actress in Berlin for 10 years,
then went into medicine and psychotherapy.
She married me when she came as a tourist to Bangladesh,
because she wanted children-but she never really wanted
a husband, and married a non-German knowing that she
could later throw me off.
She had deep depressions, sometime lying crying in
bed all day. I sought psychiatric assistance for the
family times, but when those psychiatrists started
to work with her, she would deny that she had any
problem and break off the sessions.
Before the divorce, when Benedikt was 7 years
old, she wrote me, then on a project in Indonesia,
that "Benedikt would suicide himself if you would
not come in the next weeks" and "Malika
is very unhappy". But the next year she turned
them aggressively against me.
After the divorce she wrote 35 long false
accusing letters to all my relatives and friends
and professional addresses too!!! Her XX Mxx wrote
me in 1989 that Barbara "is unable to recognize
anybody else than herself."
She even contacted my present wife to try and destroy
this marriage.
She abuses whoever calls the house about the children,
and badly abuses me when I get her on the phone. One
person wrote me:
"Warum gräbt eine Ehefrau mit so tötlichen
Falschaussagen ihren Mann so tief ein, sofern sie
nicht selbst etwas zu vertuschen hat?"
"Nimt es mit der Wahrheit nicht genau, auch dann
nicht, wenn das Gegenteil leicht beweisbar ist!!"
"Setzt sich über Vertraege und gesetzliche
Vorschriften ohne Skrupel hinweg."
Pattern of fathers in Germany deprived
of their children
It is now clear from many such cases that there is
a consistent pattern in the German courts,
supported by the Jugendamt and most Gutachtens
to keep foreign parents away from their children
in Germany, contrary to international agreements
and standards, though the UN Rights of the Child states
that parents and children have right to enter and
leave each other's countries to maintain family contact.
This has become a substantial issue in USA, France,
England, and other countries whose citizens have children
in Germany. Even within Germany, though most fathers
would prefer joint custody,
it is seldom awarded, and about half divorced fathers
find it impossible or difficult to be fathers to their
children.
There must be an international
outcry on this issue.
Next steps
I first need to find the address and email contact
for my son Benedikt, and information about my daughter
Malika, who finished Gymnasium this year.
I would appreciate any help to locate them (the younger
son is with the mother).
As I cannot enter Germany or Europe, I wish for the
children to visit me, at my expense, in my beautiful
mountain house I built in South India, or in USA.
But how
to reach the hearts of my children and overcome the
brainwashing?
Benedikt is so hard against me, it is like his religion,
and my younger son, whom I last saw at age 1, calls
me "schwein".
How to
reach them?
And how
to persuade the mother to let Konstantin, age 15,
visit me?
I welcome
any suggestions.
Clarence Maloney,
ct_maloney@hotmail.com
|
+++++++++++++++++++++
To
protect the 7 real victims ( father, 3 children, the
new wife and the new 2 children) from being damaged
any longer by this Taliban's like judicial system,
CEED has replaced by xx or erased some confidential
or personal informations.
+++++++++++++++++++++
Comment CEED :
This kind of ruling justice is not an exception.
ITS THE RULE IN GERMANY.
Not only foreign parents have to suffer for all life
of this new kind of legal terror, where victims have
to pay for the damage caused to them.
|
Please
forward 'ready to send'
mails
to german euro-parlamentarians. They should
be AWARE of what happens in their Courts
and take immediately measures, to stop
these jugde's disasters. jungle's ruling..
Here are their actual email-addresses
 |
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ceed@isonet.fr
Prof. Cl. Maloney: I was put in prison twice, a month
each time, ... - 
