Courts award custody to German father

158 posts in this topic

Posted

 

I am living proof that the courts are not automatically in favor of the mother.

Is it possible the courts are favoring the German over the American? <_<

 

I can't offer much advice, but you have my deepest sympathy. For me, this situation would be unbearable. Don't give up; keep fighting. This mentality has helped some of the TT members in your shoes. See Coping with mind games ex-partners play

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Posted

It happens more often than it seems, and the judges in these cases are blatent about siding with the German parent over the foreigner. Catherine Meyer wrote an account of her struggles when her German ex simply kept the kids.

 

In cases like this a lawyer, a very good lawyer, is the only way to go. Once they are gone in cases like this, it appears to be a difficult struggle to get them back.

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Posted

 

It happens more often than it seems, and the judges in these cases are blatent about siding with the German parent over the foreigner.

 

There might be point in this as they might be worried that the foreign parent might try to take the kids out of Germany before a final decision is made. I remember a TV-report on cases where Americans took their children to the US so that the German parent lost contact. Those cases were also chilling. But I'm just guessing. By law they are bound to decide according to what is in the best interest of the child. And having acces to both parents is by default deemed in the child's best interest. Maybe this default setting is the problem in some cases.

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Posted

 

The judge threatening you with deportation

 

... she doesn't say that. She says the judge threatened with removing the Aufenthaltsbestimmungsrecht (the right to decide where the kids live) wholesale. Which is entirely within his scope of legal actions against a parent that unilaterally removes kids from the other parent.

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Posted

 

the courts in your home country would relatively easily have returned the kids to German jurisdiction. Therefore there was no real worry of you fleeing with the children.

 

Seriously? A US court would "easily" return the children of a US citizen to a foreign country? Apparently the only country likely to do this might be the UK...

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Posted

Two years ago the rights of a foreign parent (it was a father) went all the way to European Court of Human Rights. Germany was told to change the laws and policies to be in line with policies of the European Union countries. Two years later we have to read this sad story about yet another case where the foreign parent has her rights trampled on by a blatantly anti-foreigner judicial system.

 

Maybe you can find the lawyer for this case. He or she was willing to go the distance for the foreign parent.

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Posted

Dear Laura, your story is heartbreaking. There should not be any child custody laws that make one parent suffer so much. I'm aware of this organisation and I deeply hope they can help you. I will come back to this thread tonight and try to find out more for you. I believe what is happening to you is a violation of your human rights and hope that a good lawyer will be able to prove this. I assume you are all alone here without a support network of friends unlike your ex. That alone is unfair beyond belief.

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Posted

Erm... No...

 

The laws have changed.. Previously it was almost un-heard of for the father to get custody..

 

In this case, it would appear that the mother was deemed to be "unstable" for what ever reason, and the Judge ruled in favour of the Father..

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Posted

I'm not sure where any of this has to do with her nationality, beyond some accusations of non-explicit bias...

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Posted

And the penalty should be harsh and severe if you do make this mistake. That's in the best interest of the children.

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