On
July and August 2001, a group of responsible parents and grandparents
conducted a hunger strike for 23 days in Berlin at Alexanderplatz
to denounce unfair practices of german family authorities.
read
about the action
They all have a feature in common; children conceived with german nationals, born and raised outside of the Federal Republic
of Germany. These children were later kidnapped or brought
by the german parent to Germany. Whether or not these cases were
submitted for arbitration under the Hague Convention made no difference;
the result has been always the same. Since their children have
crossed the german frontier, none of these victim-parents has
ever seen them again. Never again have those children
seen their non-german parents and relatives outside of Germany,
nor have they ever returned to their native country.
If a non-german parent or relative were able to visit them, then
access was limited only to a few scattered hours, under official
german monitoring (Jugendamt) - a further humiliation for
these responsible parents.
That's german reality today: to retain children in Germany,
to cut them off from their original multicultural identities,
to break all bonds with half their family and to let these victim
parents pay for this treatment. This is the unique concept of
children's welfare which the german nation proposes to our binational
children worldwide.
To
ensure this reality, Germany has raised a procedural mechanism
perfectly regulated and clearly identified by the responsible
parents and grandparents of Alexanderplatz:
The german court
issues a temporary order, always to the advantage of
the german kidnapper, behind the back of the non german parent,
This temporary order is justified on the basis of
mere allegations and patent lies made by the german parent,
relayed by the Jugendamt, which the german court never verifies,
This temporary order systematically grants custody
to the german parent, without the non-german parent getting
any chance to argue the case. Furthermore, it is mostly not
communicated abroad or if, only in german,
The initial temporary order sets the conditions
for all procedures and other decisions to come. Arbitrary
ruling firmly set, german justice appropriates itself competency
of jurisdiction, disrespecting worldwide ruling and human feelings,
The german court then invites the foreign parent,
who already has engaged a lawyer in his country, to take a german
lawyer, on peril of being excluded of representation at
impending german proceedings,
at any rate, the foreign parent is excluded, since german
justice does not ask his opinion.
If the foreign
parent does hire a german lawyer, custody of binational children
is always decided in german , always according to german
law and always pursuant to set german legal practices.
The german lawyer will intend to keep all proceedings in Germany.
This is the primary reason why Germany habitually invokes §
13b of Hague Convention (danger for the children), actually
a purely financial consideration, and the german lawyer cannot
plead adequately to defend best child's welfare in accordance
to the spirit of it's understanding in other European nations
and in the child's country of origin.
If the foreign parent does not hire a german lawyer, his divorce,
as the custody and visitation rights on his binational children
will be regulated by the german judge in complete violation
of his right to a fair defense. The right of a fair defense
is a basic feature of all non totalitarian civilisation.
The responsible parents and grandparents of Alexanderplatz
do not share such german notions of children's welfare. This
peculiar german notion and its concomitant procedural mechanisms
are fundamentally violating the European spirit and do NOT serve
any interest of these European children.
These parents request the german nation to respect another concept
of child welfare, which makes it possible for children to see
their both parents. Their concept is shared by all other European
nations.
These responsible parents assert that german law and procedures
are discriminating by their biased nature against them, especially
when the foreign parent is the father:
1.
Discrimination by the law
Section § 6.4 of the german constitution (Grundgesetz),
states that:
" Every mother is entitled to the special protection
and attention of society "
Note this clause omits any mention whatsoever of the other parent,
the father. Under these conditions, therefore, the german constitution
does not accord the same protection to the father that it grants
to the mother; rather to the contrary, this article discriminates
against the fathers and even the children.
In the german civil code, the relevant paragraph on the
transfer of the authority of the mother to the father is known
as:
§ 1672 (1) [ Transfer of sole parental authority to the father;
justification of shared parental authority ]
" If the parents live apart separately and permanently,
and if the parental authority was entrusted to the mother according
to the § 1626a Alinéa 2, then the father can, with the agreement
of the mother , request the court that sole or shared parental
authority be transferred to him. It is necessary to rule on
his request, only if a transfer of authority serves the welfare
of the child. "
This article of law subjugates due process of the courts to
the dominant will of the mother (the opposing party), thus,
the transfer of parental authority to the father can be done
only with the agreement of the mother. This article discriminates
unfairly against one of two parents - the father.
The german family law grants certain jurisdictional privileges
to mothers, which it does not grant to fathers. These statutes
infringes article 14 of the Convention on Humans Rights,
which prohibits discrimination between the sexes.
2.
Discrimination by interference of civil servants
The Jugendamt (youth authority) is a worldwide unique
parasitical german institution. Without a proper equivalent
in any other European nation, the Jugendamt is engaged in temporary
decisions and courts at all levels, by acting in the same capacity
as a parent. It is empowered to interfere in the whole process
as the german parent's counsel, mediator, expert witness, lawyer,
auxiliary judge and bailiff.
In
all other European nations, fellow-citizens marry, divorce and
regulate their children¹s custody, without implication of any
public authority in their private affairs, in accordance with
article 8 of the Convention on Humans Rights. (Right
to the respect of private and family life).
The Jugendamt as a public authority participates aggressively
in all aspects of divorce where children are involved. The more
cases it is involved in, the more money it gets. More seriously,
the bureau delivers a recommendation to the judge, often to
enforce and legitimize a posteriori the temporary court
order issued behind the back of the non-german parent.
Such a recommendation represents an anticipated decision, because
the german judge is ultimately held accountable to frame and
justify the court's decision according to the recommendation
of the Jugendamt's civil servant..
However,
the responsible parents and grandparents of Alexanderplatz
demonstrate that in all the international abduction cases and
binational procedures brought to their attention, the Jugendamt
systematically intervened in favor of the german parent, without
ever bothering to interview the victim parent in the first place.
Thus, the Jugendamt always recommends to break the link between
the children and the parent living abroad living parent for
several years, which translates a few months later into the
complete loss of the children's ability to communicate in the
language of their foreign victim parent.
Hearing only the german parent, the Jugendamt is an omnipotent
legal entity which acts as a no-cost lawyer paid by the german
state to defend the narrow interests of the german parent.
This
last policy is a very serious assault on the rights of the foreign
parent, completely illegal and prohibited by article 5, protocol
7 of the Convention on Human Rights, which ensures each
citizen equal status between the two parents.
Thus, the burden on the german State to determine the best fair
practice of law is abrogated by unilateral interventions of
its own Jugendamt. The State acts as judge and the third parent.
This interpretation does not correspond to article 6 of the
Convention on Human Rights, which assures each citizen the
right to IMPARTIAL justice.
3.
Discrimination by denying enforcement of a fundamental right
german family law statutes proscribe no coercive or punitive
measures against those sole custodians who deny visitation
to parents entitled to child access rights.
Other European nations have determined that the best child welfare
lies in future focus on the family, that parental rights are
inalienable for every citizen, and the denying of visitation
is deemed to be a criminal offence, where a perpetrator is liable
to be sentenced to prison.
However, responsible parents and grandparents of Alexanderplatz
bear witness that they never could contact their children normally,
precisely because the german authorities have never compelled
the german guardian to produce their children, even during
one paltry visit granted under surveillance. The basic parenting
right of the foreign parents is subject to the good will
of the german parent. The foreign parent has no recourse to
any case law.
This bias constitutes an obvious violation of article 5,
protocol 7 of the Convention on Human Rights.
The german nation thus dictates to us, that the welfare of
our binational children consists simply of prohibiting access
to their parents and relatives living abroad, eradicating non-german
origins, stunting their bilingualism, destroying multicultural
references and erasing their European identity.

For these reasons, the responsible parents and grandparents
of Alexanderplatz recommend to all parents of dual national
children, who find themselves ensnared by german procedures,
to refute the jurisdictional competence of german courts and
to raise their cases in any other European nation in order to
get the custody of their children dealt with in an equitable
manner.
This is the TRUE FACE of german JUSTICE TODAY in YEAR 2002.
german POLITICIANS ARE AWARE OF IT.
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CEED - www.isonet.fr/ceed/ - Registred NGO - Préfecture
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