Conseil Européen des Enfants du Divorce
Tout enfant binational a droit à ses deux parents
 Redonner aux enfants du divorce l'accès à leurs 2 parents

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Manifesto of responsible parents and grandparents
at Alexanderplatz

( description of the german procedures which legalize child abduction )


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.

© CEED - www.isonet.fr/ceed/ - Registred NGO - Préfecture Melun (77)

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We need help to get the names and addresses of others affected or if you are able to get them to contact we would greatly appreciate it. Only with hard facts are we going to show and explain the incredible german sytem. Please try to track down parents world wide !
Encourage them not to remain alone, but to share with us their own experience !
We also need case reports regarding abductions to Germany in particular cases where the Jugendamt has played a negative role. Even if the children were retained long ago.
23/11/02 - Lady Meyer: In four years, I have never been allowed ... -
22/11/02 - Foreign parents are often harassed by the police ... -
21/11/02 - I did see the children once in a cell guarded like a criminal ... -
15/11/02 - Prof. Cl. Maloney: I was put in prison twice, a month each time, ... -
14/11/02 - Jean Opigez, rançon alimentaire pour financer le rapt allemand ?... -
14/11/02 - O.Karrer: 250.000 Euros d'amende ou 6 mois de prison ... -
14/11/02 - Deutsches Umgangsrecht: Abschiebung des Opferelternteils... -
13/11/02 - Hickmann's Urteil: Wie wäre mit menschlischem Verstand ? ... -
12/11/02 - Dr. K. Jaeckel: Stoppen Sie die ausgesprochene Ausweisung ... -
11/11/02 - Dear Prof. Duncan, ..a matter of extreme urgency ... -
19/10/02 - Appel de Francfort- les parents allemands nous suivent ! ... -
19/10/02 - Frankfurter Appell - deutsche Eltern machen mit ! ... -
19/10/02 - Frankfurter Appell - some german parents follow us now! ... -
10/10/02 - Enfants binationaux : Quelle coopération européenne?... -
10/10/02 - Which european cooperation is needed?...-
18/08/02 - Mister Ambassador, this case can be transposed to every other ...
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18/02/02 - french doctors vs french parents ? légitimité contra légalité ?... -