How could you explain that in Europe 2017, with all the rules and regulations in place, besides international conventions to protect children, some parents and entirely family are not any longer in position to see their grandchild and kids without having caused anything bad. A breach in the “Best Interest of Children” EU Law.
Based on truth story and ongoing event.
Let me try to explain in the most simple way how Family Law Works in Germany resulting from the “administrative” kidnapping of foreign children from all over the world.
Let’s assume a Spanish married couple with Spanish children, no one is German, married in Spain:
This couple goes to Germany for working reasons, after a while the couple split up on the German Ground. Therefore according to ROME III rules, the legal part of the divorce will take place in Germany, irrespective whether or not this couple has married in Germany or Spain. As soon as the German Family Judge will be appointed, children will automatically remain locked on the German Ground even though children are not German, cut from their foreign Family and Culture. WHAT ???
Let’s explain HOW Germans operate :
First of all, in Germany you have an institution called the Jugendamt, not to mixe up with “Social Workers”. The Jugenampt has many powers and permanently appointed by default to any type of decision related to Children as soon as on the German Ground. The Jugendamt is part of all processes at court level, acting as a “third” parent and making sure that children are not getting outside of Germany.
For which reason ?
Because, the German State consider that a child can only grow up on the German Ground for his welfare. It means that children will lose contac with one of his parent and family outside of Germany. Furthermore children are not permitted to join a school which is not German, all of all must be German oriented for his welfare and the “Best Interests of the Child” (Kindeswohl ). So the Judge has no other choice that following the Jugendamt opinion, he/she can not even go against it, because the Jugendamt has also a “Veto” right against the Judge decision. (Gegen die Beschlüsse steht dem Jugendamt ein eigenes Beschwerderecht zu)
Another actor the « Verfahrensbeistand »
Mendatory to the process, the « Verfahrensbeistand », is the unique country in the world with such a role. Usually such a person is stepping in when parents are dead or disappeared but here again attach to the Jugendamt, all is organized and focus for the children not to get outside Germany and German control.
When parents are getting separated in Germany, it is useless to ask yourself who will get the custody of the children. Foreign parents willing to move in their home country are by default excluded of the life of their children, likewise for their family and culture. A good parent is the one who could guarantee that children will remain on the German Ground, speak German, Think German, Breath German, .... Even worst, the family name of the children could be changed!
All thoses schocking points have been addressed to EU a while ago and it seems that things are starting to move the right direction at European Level. All EU Countries and outside have sent hundreds of complains to the EU Help Desk, however Bruxelles II bis is a better way to protect children interest and parents but Germany continue to operate such as being an isolated island in middle of Europe.... another similar country behaving as such is Japan but more recently they have signed the “1980 Hague Convention on the Civil Aspects of International Child Abduction “ which should help the parent and family left behind.
Out of EU, the only way to get around it is the EU Court ... and time is running without contacts with children over years. Mediation is not mandatory, so you can give it a try, but if the opposite side has refused it, you cannot do that much more.
Watch out if your children are on the German Ground !
Written by Gregoriodecamini