Lawsuit Against Jugendamt

49 posts in this topic

Posted

I can only assume it is in fact possible to sue the Jugendamt, since they are a government agency.

 

Does anyone personally know of any cases where this has happened with any success?

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Posted

What do you want to sue them for?

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Posted

It's a long story, but basically I want to sue them for negligence and endangering the welfare of a child. I know protection of children is their mandate, so this is very serious in my opinion.

 

I would also sue them for violating the constitutional rights of my daughter and I because I believe they are violating our rights to live as dignified human beings.

 

They are also making mistakes and attempting to hold me accountable for their mistakes, which is causing me undue financial hardship in turn..

 

I have recorded conversations with them and saved all letters and correspondence from them, and I think I have a good case...

 

I'm also from NYC and if these Germans are going to learn one thing about me, it is DO NOT PLAY with a Brooklyn Boy...

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Posted

Have you found a lawyer who is actually willing to take your case? I'd say that's the first step. They are supposedly trained to know predict whether or not a case is winnable.

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Posted

Elaborate or will probably not get the help you are looking for!

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Posted

I am not here to elaborate on my own personal situation or to seek legal advice...I have lawyers for that..

 

But I will elaborate on this..I have numerous cases ongoing simultaneously at the moment in family court, civil court, and criminal court, all stemming from my deranged and mentally unstable German ex.

 

Before I even discuss my intention to sue Jugendamt with one of my attorneys, I was just curious to know whether anyone knows of a case where the Jugendamt has been successfully sued..

 

My personal situation should have no impact as to whether I receive an answer to this question!

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Posted

Have you done a Google search? This claims that the J-amt is "untouchable". Doesn't sound good, does it? Also, they are notorious for siding with the German parent over the foreigner.

 

Why don't you want to ask your attorneys?

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Posted

 

I can only assume it is in fact possible to sue the Jugendamt, since they are a government agency.

 

you do know where this is leading to don't you?

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Posted

 

I'm also from NYC and if these Germans are going to learn one thing about me, it is DO NOT PLAY with a Brooklyn Boy...

 

That maybe so, but your case is going to be tried in a German court, which is not going to be interested to learn anything about you, what with the case being not about you but rather about the Jugendamt and the child which it is supposedly not protecting properly.

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Posted

Yes its possible. The German courts do tend to rule in favor of the mother (not always the German parent)/ As with ANY German government agency the problem is most people are unwilling or afraid to launch a lawsuit, which, makes hem appear untouchable. They can be sued, & most Government agencies have been at 1 time or another, sucessfully I might ad. I am currently in my own little ongoing battle & am giving 1 last attempt before I contact a lawyer. I have 3 ready, willing and able to jump on them. They wouldn't be so apt to do so if they thought I,as a foreigner, had no chance at winning. What I want to do though, & this to my knowledge, has never been done in Germany, is name the agent as a defendant because she has been causing 90% of my issues without anything to back up her claims. Will let you know if it comes to this & how it works out.

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Posted

@ mlovett- as to why I have not contacted one of my attorneys, reading is fundamental.

 

And regarding your notion based on ''evidence'' from your google search that the German agency in question is 'notorious for siding with the German parent over the foreigner'', I might add that I like to take my own chances and don't tend to rely on negative, unsubstantiated evidence from others.

 

This attitude of mine has served me well as I currently share equal custody rights with my german ex pending a final family court decision. Most everyone including my own family court lawyer (whom I am seriously considering replacing), doubted that I would be able to secure my equal custody rights during this process, let alone win my case!

 

Not only that, but my court appointed translator literally had a hole in his head! It was a deep and wide hole to be honest, and it looked like he had his head bashed in with a blunt object. No kidding, I couldn't make most of this stuff up! These are my experiences in Germany.

 

And this translator's ineptitude and inability to adequately translate the court proceedings to me only hindered my cause, but luckily for me, the judge and everyone else in the courtroom understood english perfectly well. I never hesitated to get my point across in english although as to be expected, everone including the judge responded in german. I got my point across nonetheless, and here I am now with a solid chance of winning my case.

 

So in the long and short of it, I am used to overcoming odds. Life would be so average without me doing so. And like Sinatra said about NYC, if you can make it there, you can make it anywhere. I have definitely made it over here doing my thing and I get the feeling that I am somewhat an anomaly to these German officials.

 

Like the social worker from the Jugendamt told me the other day during a visit, ''In my 25 years of doing this job, I have never had anyone record a visit.''

 

I am not like the rest.

 

@ pandamunich- well thanks for telling me about the people who sued the Jugendamt case workers and ''lost'', but do you have any positive info, such as winning cases against them, as was specifically stated in the title?

 

and to be honest, I forgot about that hard water thread. I guess more pressing and vital matters are on my mind as of late.

 

And to my knowledge, although German tap water may not contain chlorine, where I live, the tap water comes from Rhein and is likely treated with a host of other harmful chemicals, chlorine aside. Even untreated, I dread the thought of using water from the Rhein coming out of my tap..

 

@ auniquecorn - pray tell..NOT!

 

@ Royaltreatmentmassage- As always there is a silver lining in a dark cloud! You happen to represent that in an otherwise negatively perceived thread.

 

I am in a similar position in that my social case worker has demonstrated by his statements, actions and in-actions that he is biased towards the german parent, with no regard for the welfare of the child. He has made it clear to me in no uncertain terms from the first day we met in court that he is a hater because I am a foreigner!

 

And this guy is literally taking the piss which prompted me to consider suing in the first place. I am fighting every step of the way though and I just see the wonder in their eyes because with everything that has happened to me, I should have run away from this country a long time ago with my tail between my legs.

 

But I guarantee this. Most of these bureaucrats would not last 1 NY minute where I come from, and here I am in their country living it up like a Prince. I know many of them despise me for this because they are jealous and prejudiced on top of that because I am a foreigner.

 

In my experience though, most germans are like school yard bullies who will posture and threaten, but when you hit them, they bawl and don't bother you anymore. This is the point you have have earned their respect, and mind you, it has nothing to do with how well you speak German! What I am talking about transcends language in that when you REALLY fight them back, they know in the depths of their soul beyond language that they are dealing with a different entity. Someone who is not to be played with in other words.

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Posted

 

@ mlovett- I like to take my own chances and don't tend to rely on negative, unsubstantiated evidence from others.

 

That's the thing about internet forums, see, you asked. Rely on yourself; you sound like a real honest to goodness kick-ass American New Yorker.

 

Good luck! Unless you decide to go postal, you're as good as your lawyers. :P

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Posted

 

@ mlovett- as to why I have not contacted one of my attorneys, reading is fundamental.

 

And regarding your notion based on ''evidence'' from your google search that the German agency in question is 'notorious for siding with the German parent over the foreigner'', I might add that I like to take my own chances and don't tend to rely on negative, unsubstantiated evidence from others.

 

So, you come here asking for advice and when you get it you call it out as negative; therefore, obviously not what you wanted to hear. So instead of saying thank you and moving on, you have a tantrum like a toddler. What's wrong with your hands? mlovett was able to find information in Google - albeit, not good enough for you, but why can't you look for yourself if all you want to do is talk crap to everyone who dares to try and help you?

 

This attitude of mine has served me well as I currently share equal custody rights with my german ex pending a final family court decision. Most everyone including my own family court lawyer (whom I am seriously considering replacing), doubted that I would be able to secure my equal custody rights during this process, let alone win my case!

 

Your attitude will get you nowhere, mate. But if it makes you happy in your head then who am I to argue.

 

Not only that, but my court appointed translator literally had a hole in his head! It was a deep and wide hole to be honest, and it looked like he had his head bashed in with a blunt object. No kidding, I couldn't make most of this stuff up! These are my experiences in Germany.

 

Pot. Kettle. Just saying.

 

So in the long and short of it, I am used to overcoming odds. Life would be so average without me doing so. And like Sinatra said about NYC, if you can make it there, you can make it anywhere. I have definitely made it over here doing my thing and I get the feeling that I am somewhat an anomaly to these German officials.

 

 

 

Like the social worker from the Jugendamt told me the other day during a visit, ''In my 25 years of doing this job, I have never had anyone record a visit.''

 

Did that make you feel so utterly special and feed your little ego?

 

I am not like the rest.

 

Aww - special little snowflake.

 

@ pandamunich- well thanks for telling me about the people who sued the Jugendamt case workers and ''lost'', but do you have any positive info, such as winning cases against them, as was specifically stated in the title?

 

Again. People are sharing the knowledge they have - do you feel such a sense of entitlement that you think people are here just to provide you information you want to hear? GROW UP.

 

I am in a similar position in that my social case worker has demonstrated by his statements, actions and in-actions that he is biased towards the german parent, with no regard for the welfare of the child. He has made it clear to me in no uncertain terms from the first day we met in court that he is a hater because I am a foreigner!

 

Maybe it's your attitude he hates. Though I fail to see why - you seem lovely.

 

But I guarantee this. Most of these bureaucrats would not last 1 NY minute where I come from, and here I am in their country living it up like a Prince. I know many of them despise me for this because they are jealous and prejudiced on top of that because I am a foreigner.

 

Taxi to the airport?

 

 

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Posted

@ mlovett- obviously you have problems with reading comprehension. I asked

''Does anyone personally know of any cases where this has happened with any success? ''

 

This is a very specific question.

 

First of all, when I asked if anyone ''personally'' knows of any cases of this sort, ''personally'' means personal knowledge. Any competent english speaker would understand this to be knowledge that is not gleaned second hand from a source like google.

 

Secondly, I specifically asked for personal knowledge regarding SUCCESS stories, not the negative information that I have been bombarded with that is common knowledge to any foreigner and german alike living in germany. Please, if you want to tell me something negative, tell me and everyone else something that they DO NOT already know in cliches that have NOT been thrown around this site on multiple occasions for years now.

 

@ miss kitty- I asked for advice nowhere in this thread, so stop acting as if I came here looking for it and making me out to be some ungrateful arse for getting what I did not ask for in the first place!

 

I asked a straightforward simple question but instead was bombarded with off topic remarks and negative responses that do not remotely answer my question and I am the bad guy?

 

I am the pot calling the kettle black?

 

Quite a bunch some of you are.

 

You went through an entire post of mine just so you could insert little smart alec comments, and to what effect? To make yourself seem smarter than you actually are?

 

If you have not realized by now, these are rhetorical questions.

 

But please continue..I am going through something much worse than what a few smart arsed brats on an internet forum can dish, so all of this trolling by some of you is fun and games to me at this point.

 

But when I start to dish it, just make sure you can handle it without resorting to childish antics like giving out negative ratings, complaining to mods, etc! A lot of you are like these school yard bullies I am speaking of and you will turn tail and run at the first blow.

 

Let your truth show in your words if you have any truth in you.

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Posted

 

It's a long story, but basically I want to sue them for negligence and endangering the welfare of a child. I know protection of children is their mandate, so this is very serious in my opinion.

 

What should be the outcome of your suit? A criminal conviction, civil damages...?

 

http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&nr=30911&pos=0&anz=1

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Posted

I know of some cases of colleges of mine suing the Jobcenter/ARGE/Arbeitsamt and winning to the extent of a settlement in their favor. Both the Judge and the Gov side didn't want the case to be brought to a judgement thus giving the possibility of a ruling in favor of my friends, which would then be used to win other cases against the Jobcenter and set a precedent that the Gov doesn't want. But I have never heard of a case in suing the Jugendamt.

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Posted

@Illic, I worked 5 years in Litigation Support at the top 2 US firms, I know how its done. They also will not approach if they don't think there is a case, they will allow you to approach the firm but the sure losers will rarely talk to a lawyer.

 

I also don't care if the agent is successfully sued, I just want her named so she thinks twice in the future. She did, on several occasions blatantly ignore German law. I know, the only thing she would face is administrative leave pending an investigation but its something at least. What most people need to realize is that law suits in Germany rarely tend to produce monetary awards, they usually only right the wrong, unless there are actual damages. Punitive, pain & suffering etc are US ideas.

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