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Mr. Hans van Loon, Secretary General
Prof. William Duncan, Deputy Secretary-General
The Hague Conference on Private International
Law
Scheveningseweg 6 -
2517 KT Den-Haag,
The Netherlands
Tel: +31 70 3633303
Fax: +31 70 3604867
secretariat@hcch.net
Hvl@hcch.nl
Wd@hcch.nl
20.11.02
Parental child abductions to Germany a few
concerns and proposals to consider.
Dear Sirs,
The problem of international child abductions
to Germany is not getting enough attention
from our Governments.
In addition the problems encountered in getting
access to children living in Germany
is at present given insufficient attention.
They are much more prevalent than abductions,
and unresolved abduction cases tend, in any
case, to turn into problems of access.
Access problems are particularly serious for
parents living abroad without having
additional burdens placed upon them as in the
case of Germany. [see Karrer's case  ]
They have to carry considerably increased
financial burdens to keep any meaningful
contact
to their children. The terms of the Hague Convention
are being ignored in most case, it must
be strictly enforced for abduction and access
issues. There must be no incentive to encourage
international child abductions to Germany.
Germany is known internationally to give refuge
to Kidnappers often not German citizens,
for applying German family law to exclude
foreign parents or by replacing legal action
for the return
of an abducted child under the Hague Convention
with mediation to arrange access by the absent
parent. [see Meyer's case ]
The biggest need of affected foreign parents
is legal assistance.
A source of free legal representation from specialist
international lawyers is urgently required.
It is no longer acceptable to have Germany lawyers
represent foreign parents as they show
in all cases clear bias towards the German abducting
parent.
Foreign Embassies in Germany must be staffed
by at least one trained person to assist the
foreign parent, as most cases require assistance,
e.g. speaking to the authorities on behalf of
parents
who mostly do not speak German.
If German lawyers are used then, this must be
done under strict international control.
There should be a regularly updated register
of family lawyers in Germany who can act for
foreign parents. The outcomes of legal cases
should be monitored closely to ensure that the
list only includes lawyers who are providing
a satisfactory service.
[see: Entschuldigung Herr RA, das Ihr Gericht
Sie mit meiner Sache weiterhin belästigt
]
The legal basis of the German Jugendamt’s
demands to foreign parents for maintenance payments
should be investigated and stopped. Such
demands are routinely made after a child has
been abducted to Germany. They are not being
made under the provisions of International agreements,
often in the absence of a valid court order
on custody and maintenance.
Maintenance claims against foreign nationals
who live and work abroad, should only be allowed
to be made in their country of residence.
Parents should have a right to have a representative
from a their consulate present at all
court hearings on custody or access in Germany.
Although these are civil cases, monitoring is
essential
to ensure there is no bias against non-German
parents as happens as a matter of coarse
at the moment..
Further points of concern regarding procedures
in Germany
A point of great concern is that the German
Central Authorities are consistently
and systematically ignoring or circum navigating
the provisions of Article 21
of the Hague Convention on contact to children
who have been abducted to Germany.
The Convention states:
"The Central Authorities are bound by
the obligations of co-operation which are set
forth in Article 7 to promote the peaceful enjoyment
of access rights The Central Authorities shall
take steps to remove, as far as possible, all
obstacles to the exercise of such rights".
German authorities child "welfare"
(Jugendamt) and the courts should be required
to respond to all correspondence from non-German
parents and their lawyers within two weeks.
At present letters are seldom answered, they
are mostly simply ignored.
Notwithstanding the strict German laws on
privacy and data protection, foreign parents
have the absolute right and must be told the
address and contact details for their children
by the German authorities at all times.
Regular reports on a child's progress and wellbeing
should be made to foreign parents,
either by the German parent or the youth social
work office (Jugendamt).
There should be agreed guidelines on the nature
and frequency of these reports.
The present practice of allowing
only one or two hours of access under "guard,
locked up in a small room as if one were a criminal
in jail" once or twice per week once or
twice a year must be stopped immediately.
This is barbaric, totally inhumane and it precludes
establishment of a meaningful relationship.
[see Opigez's pictured german monkey visitation
right ]
Many foreign parents travel considerable
distances, at great expense to see their
children.
Bi-National children who have been abducted
to Germany should be allowed to visit the non-resident
parent in their own country at least
once a year, so they can visit their families
and share in their culture this is very seldom
allowed by the German courts.
Any court order on contact and custody made
in Germany or elsewhere must be strictly enforced
by the German authorities, using legal penalties
such as fines and even imprisonment for
non-compliance (as is done in France). This
is only reasonable, as the Germans
authorities are quick
to take legal action against non-German parents
for the smallest infringements of the law.
[see Prof. Maloney's imprisonement in Germany
]
Non-German parents must be consulted equally
to German parents by German social workers reporting
and making recommendations to German courts.
Consideration should also be given to the requirement
for a report from the Social Service agency
in the country of the excluded parent, in all
court hearings in Germany involving a foreign
parent.
The German Government should
be asked to investigate the apparent unlimited
powers and role of the Jugendamts in all international
cases. Possibly a separate Federal agency
should deal with international cases in Germany.
The recommendations of the Jugendamts play a
major role in excluding and preventing contact
between foreign parents and children who have
been abducted to Germany.
Very few children who have been abducted to
Germany have any contact to their excluded
parent, this is in direct contradiction to the
international agreements signed by Germany.
Foreign parents are often harassed
by the police in obvious collusion with
the abducting parent and the Jugendamt
in the hope that the foreign parent will not
return to Germany for further attempts to have
contact to the children, this practice must
be stopped forthwith.
[see Hickman's deportation's order out of Germany
]
Sanctions must be taken against Germany
for failing to ensure reasonable access to children
by foreign parents and close relatives.
Germany must be forced to pay reparations
to cover the considerable costs ensured by foreign
parents due to their refusal to apply international
agreements signed by them.
[see Appeal of Frankfurt
]
Yours faithfully
Michael Hickman
Michael Hickman
135 Torquay Avenue
Durban 4052
South Africa
[see manifesto
of responsible parents and grandparents at Alexanderplatz
]
|
CEED
ruft die ausländischen und die DEUTSCHEN
Eltern auf, sich zusammenzuschliessen,
um Reparationen von der Bundesrepublik
Deutschland für das, von deutschen Kleinstbeamten,
jahrelang grundlos und umsonst, zum Teil ohne
rechtliche Grundlage (Jugendämter), katastrophale
zugefügte Leid an sie selbst und an deren
Kinder, zu fordern. |
ceed@isonet.fr
Prof. Cl. Maloney: I was put in prison twice, a month
each time, ... - 
