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Michael
Hickman is a white south-african environment
engineer. He has not been allowed by german
judges
to see his abducted children for over 6
yeras.
Married, two children age 7 and 9, abducted
1996 by german parent with compliance of
family in law and german authorities to
Germany
No attempt made by german justice system
to establish the truth in any way
Every german Court decision has violated
his basic rights
Any german Court decision has increase the
conflict between the parties. What is
the duty of any judge in the world ?
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Here
is his "judicial german" story ;
My name is Michael Hickman, I'am a South African
citizen born in Durban, on the 23 December 1952.
I
met Nicola, the mother of my two children, in
July 1986 in Durban South Africa.
She is a german citizen, born in Wilhelmshaven,
north of Germany.
A friendship soon developed. On the 18 September
1997 we were married in Wilhelmshaven, Germany.
x After the marriage we returned to South Africa.
 On
the 3 December 1989 our first son John-Michael
was born.
Six weeks later in January 1990
Nicola's parent's arrived to see the baby. Immediately
they began to interfere, demanding that Nicola
stop breastfeeding John-Michael. No reason was
given. When Nicola refused to bow down to their
demands they got extremely angry, created a
huge scene, demanded that we get them on the
first flight back to Germany and that we find
them hotel accomodation until then. The following
morning because we had not bowed to their demands
they dissapeared with the baby in the boiling
midday heat of mid January. This they did to
prevent Nicola from breast feeding her baby.
x
In
January 1992 Nicola's parents Uwe and Ursula
Focken arrived once again in South Africa to
make demands to us. This time the demand was
that Nicola was not to have a second child.
When I refused to bow to their demands they
became more and more agressive.
Uwe Focken finally lost control of himself after
having had too much wine to drink while a guest
at dinner. He became loud and abusive towards
me finally he physically assaulted me in front
of our hosts, because I would not conceed to
his demands.
In
July 1992 Nicola was invited to visit her family
in Wilhelmshaven. Immediately on arrival Nicola
was put under extreme pressure to not return
to South Africa and to divorce me. She was treatened
with
disinheritance and ex-communication from her
family if she disobeyed. They went as far as
to say that if she fell in the gutter they would
take no notice of her, they would simply step
over her.
On the 18 October 1993 our second son Sebastian
Richard was born in Durban, South Africa.
In
July 1994 there was again an attempt on the
part of Nicola's parents to separate us. I discovered
that Nicola's parents had sent her tickets to
travel to Germany without my knowledge with
the two children.
In September 1995 Nicola travelled alone to
visit her parents for two weeks without the
children.
Two months later on the afternoon of the 29
November 1995, while I was having a nap Nicola
disappeared without my knowledge with our two
children, both South African citizens by birth.
Some time later I discovered that Nicola had
abducted the children and had taken them illegally
to her parents in Germany.
On the 21 January 1996 Nicola returned to South
Africa with the two children, accompanied by
her mother Ursula Focken. From the moment of
arrival Ursula attempted to dictate the sequence
of events. She demanded that Nicola divorce
me and made it quite clear that she was there
to supervise the proceedings. She went out of
her way to cause conflict first attempting to
instigate a quarrel with me. Later she got into
a very heated row with my father after I had
asked her why John-Michael had asked me for
a gun so that he could shoot her because of
the abuse he had been subjected to during his
forced stay in Germany.
The following day 22 January 1996 Nicola together
with her mother Ursula Focken again disappeared
with the two children. I later discovered that
they had once again illegally removed the children
from South Africa and were back in Germany.
To hinder me from following them and to give
them time, they had stolen my South African
passport and had taken it with them to Germany.
The
mother of my children, Nicola to whom I was
legally married, left South Africa without my
knowledge or my permission, together with her
mother and the children on January 22, 1996.
Under the 
German legal code § 235 StGB she committed
a crime under German law which has a maximum
sentence of five years in prison.
Under the provision of both South African law
as well as under German law we had dual custody
of the children, on arrival in Germany the residential
address in the children's passports were changed
from Durban South Africa to Wilhelmshaven without
the permission of both parents. Change of
residence (Aufenhalt) was also made by officials
of the City of WILHELMSHAVEN without the
permission of both parents. The mother did
not have sole custody of the children at
this time therefore this was
an illegal act assisted and supported by
officials in Wilhelmshaven.
From
the moment that Nicola left with the children
she as well as her parents cut of all contact
between the children and me as well as all family
members in South African.
Provisional custody of the children was
given to Nicola on the 30 January 1996 by the
family court in Wilhelmshaven without giving
me notification of the pending hearing thus
denying me the legal right to defend the action.
The court in Wilhelmshaven by the very act of
making this provisional custody order very clearly
demonstrated their total disregard for the law
and their undivided support for the abduction
of my children from South Africa.
The fact that an illegal act
had been committed by the mother under
German law
§ 235 StGB
did not influence the judge in
making his decision
to award her with sole custody as a reward
for her illegal act. I received notification
in of the court's decision eight weeks after
it was made by regular post.
The hearing and judgement I believe was in blatant
disregard for the law and the requirement to
notify me via the diplomatic channels of the
impending court hearing.
[see Manifesto  ]
In July 1996 I travelled to Germany in an attempt
to gain access to my children via the court
in Wilhelmshaven. On my arrival I went to the
flower shop of Nicola's parents to ask where
my children were to be found. Her mother immediately
ordered me to get out of the shop and said that
if I did not do so immediately she would call
the police.
When I refused to leave the police were called,
two police in combat clothing armed with sub-machine
guns arrived a few minutes later to arrest me.
In her mother's statement she declared that
Nicola had, had to flee South Africa in the
middle of the night with both children as I
had attempted to kill her and the children,
that I was dangerous and that her daughters
life was in danger.
What happened in the court was a total fiasco,
a total abuse of both my basic human rights
as well as my legal rights.
On the recommendation of the "Jugendamt"
a state organisation with no equivalent in South
Africa, I was only allowed to see my children
for an hour per session, three times a week
under lock and key. [see manifesto ]
When I appealed to the Judge, Judge Lindeke,
he said to me that I would not see my children
at all
if I did not accept what was being offered to
me, he said that he would only make his
judgement one day after I leave Germany for
South Africa.
I did see the children once in a cell guarded
like a criminal, thereafter Nicola refused
to let me see the children again.
Only after a fierce fight for my rights I
did again see the children this time guarded
under lock and key by two "social workers".
The most inhuman treatment that one as a human
being could ever expect to experience. [see
manifesto ]
Although
I made numerous attempts to gain access to my
children via the courts, my attempts were totally
unfruitful, the court showed absolutely no desire
to grant me any contact to my children.
In September 1999 I again travelled to Germany
in an attempt, via the court to see my children.
Although I was there for two weeks the court
made no effort to allow me to see my children.
During my stay I was approached by police inspector
Dieter Has who presented himself as being on
official duty for the child protection unit
of the police. Inspector Dieter Has made contact
to me on four occassions, on each and every
occassion I was treatened and intimidated by
him, he went out of his way to terrify me, so
that I would forget about my children and not
return to Germany.
On the third occasion his contact to me was
supervised at the child and family psychiatric
department of the local hospital (Reinhard-Nieter-Krankenhaus,
Klinik für Kinder und Jugendpsychiatrie
und psychotherapie, Friedrich-Paffrathstrasse
100, 26389 Wilhelmshaven)
under the supervision of psychologist Frau Renate
Terlinden.
During this interrogation Inspector Has went
out of his way to make me as fearful as possible.
I have since established that Inspector Dieter
Has did not approach me in his official capacity
as a police officer, but as a favour for Uwe
Focken with the full co-operation of the Jugendamt
social worker Frau Rita Eden-Reske.
I returned to Germany one moth later in October
1999 in a further attempt to see my children.
This time with the great generousity of the
family court I was allowed to see my children
once per week for two hours under lock and
key under the supervision of the same psychologist
Renate Terlinden.
I
had travelled 11,000 Km from South African to
Germany and was allowed to see my children only
twice for two hours.
On my return to South Africa I reported in writing
the matter of Inspector Dieter Has and the involvement
of Frau Rita Eden-Reske and Frau Renate Terlinden
to the South African government
in the person of Frances Viviers, who is the
liason officer to International Social Services
in Geneve. She had herself been trying for over
two years to gain the co-operation of
Frau Eden-Reske without success.
I
again travelled to Germany in April 2000 accompanied
by my mother.
Success
at last.
There was no involvement from the court or the
Jugendamt, Nicola's parents had fled to Mallorca
so as not to have to face my mother.
Within a few days my mother was able to convince
Nicola to allow me to see the children, although
Nicola had been treatened by her parents not
to allow me to see them. In front of the children
Nicola had been told by her parents that they
would take her car away from her and cut off
her money supply if she let me see the children.
For a few weeks after my return to South Africa
I had almost daily telephonic contact to my
children, that is until Nicola's parents returned
from Mallorca. Thereafter all contact was abruptly
prevented.
During my stay in April 2000 I was arrested
by the police as a result of my complaint
to the
South African government about the abuse I recieved
at the hands of police inspector Dieter Has
and frau Eden-Reske of the Jugendamt
(Note: the reports of the Jugendamt to the court
play a major role in the decision making of
the judges in family courts). [see
manifesto
]
I was forced to pay 1.000 DM bail.
I have since discovered that my case has been
tried, by Judge Dr. Bessel
(who thereafter became the family judge responsible
for my family affairs)
I was found guilty and fined 1.000 DM. All without
my knowledge or representation.
To date I have not been able to get any information
concerning this abuse of my rights,
neither have I been able to get a copy of the
judgement against me.
What role does this incident play in the big
picture?
I do not know for sure but I certainly have
my suspicions.
In July 2000 I made arrangements to once again
travel to Wilhelmshaven.
I made application before the court for a hearing
to determine contact to my children
during my two week stay in Germany. A date was
set for the hearing Nicola was ordered to appear
personally with the children before court. I
travelled to wilhelmshaven for the court hearing
only to find in the court room that Nicola had
been given permission by the Judge presiding
Judge Blohm to go on holiday with the children
for the entire duration of my stay. A more blatant
abuse of my rights could not possibly have occured.
Judge Blohm was well aware that I was comming
from South African to see my children,
she also was well aware that she could not rule
for me to see my children who she herself had
sent on holiday away from Wilhelmshaven.x I
returned to South Africa without seeing my children.
All
futher attempts to the court to get a further
court hearing from August 2000 until July 2001
failed. They simply ignored all correspondence
and when I phoned the judge was on leave, sick,
etc.
At the end of June 2001 I heard about a group
of foreign parents who intended to embark on
a hungerstrike in Berlin. I immediately made
contact to the group and asked if they would
mind if
I joined them. On the 12 July I arrived in Berlin
and for three weeks participated in the hungerstrike.
[see Hungrestrike
at Alexanderplatz ]
While in Berlin I managed to arrange a court
hearing before I was due to return to South
Africa.
Again hope. On
the 15 August back to court this time accompanied
by my in Paris based attorney. Success, I was
to see my children briefly once for three hours
under supervision from frau Rita Eden-Reske
before my return to South Africa.
The due date arrived, 21 August 2001, I was
to see my children for three hours from 15:30
till 18:30, depending on the weather we were
to go either to the beach or to the park. At
09:30 I was informed by Frau Eden-Reske that
the meeting with my children would not take
place as my children did not want to see me.
A visit to Judge Dr. Bessel only brought the
comment; " what can I do about it?"
A
call to my attorney brought more results, he
advised me to extend my stay and exercised every
bit of pressure possible for me to see my children.
All without success. It was then decided to
make a public demonstration in Wilhelmshaven
to draw attention to the blatant denial of my
basic legal
and human rights. I was joined in Wilhelmshaven
by a fellow affected father.
At the end of October 2001 we again returned
to court once again without success.
I
have had to give up my very succeessful bussiness,
I have had to pack up home and a prosperous
lifestyle in South Africa for a very uncertain
future here in Germany.
However I can do no less for my children.
----------------------
Since
writing this account a year ago I had been promised
help from the german Justice ministry. Under
their very watchful eye in the persons of Dr.
Horst Heitland and Frau Angelika Rieger
with the help of an an attorney recommended
by the ministry we again went to court
on the 4 September 2002.
I had to wait six weeks for the decision of
the last court hearing, a hearing that was a
complete and utter farce. This latest judgement
prevents me from having any contact to my children
whatsoever, the responsible judge is Judge Staubwasser.
As a consideration I may write to my children
once per month.
My german attorney believes this to be a
fair decision and is unwilling to ask for
a revision.
Frau Rieger of the Justice Ministry a judge
herself, who led me down the garden path has
now
left the justice ministry and is working at
the Human rights court at the Hague in the
very department that deals with international
abductions.
The fox is now looking after the chickens.
To agrivate the situation I have now been given
until the end of the month to leave the country,
my government does not appear to be too concerned
about the situation, it would appear that they
would prefere to make deals with Germany to
keep me quiet.
Here
is the very bare skeleton, judge for yourself,
do foreign parents and their children recieve
fair treatment in Germany?
Michael
Hickman
135 Torquay Avenue
Durban 4052
South Africa
Temporarily
resident/Vorübergehend Wohnhaft;
Albrechtstraße
100
26388 Wilhelmshaven
Germany
Tel: +49 4421 748 468
Mobil: +49 170 2626659
Email:
mike@hickman.co.za
michael@hickman.co.za
michael.l.hickman@t-online.de
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