Custody Case in Germany

Limiting the use of arguments, during a court hearing process, would be against the base principle of free defense, but what if most lawyers and judges choose to work only with a limited number of law directions?
There are jurisdictions wherein in the interaction of cases, some of the open cases are putten on standby to avoid conflicts, and decide on the priority of the penal cases before moving to the civil rights cases.
Law is formed through basic principles and an always developed and adjusted to the current time cultural and social level, entity. That what actually is happening is a limitation of the law translated as development instead, but limiting the law, means limiting the right to a free judgment.

In a custody case, the law would like to judge and decide on the ability of an abusive parent to raise the children without taking into consideration the fact of the abuse case in the past, not because the law believes that the parent has changed, but to prove, unrelated of the abuse nature of this person, that she/he is not responsible enough to raise her/his children.
Just for the satisfaction of the law, which requires an official answer about the ability of this parent to take care of children, let the parent get reexamined about violent behavior to ensure the court there is no way to raise children without inappropriate incidents. But, this system forgets the main subject of this case, those are the children who are carried from one psychologist to the other, visit court hearings or judges, get visits weekly from the youth service in their home, and have an investigating eye from their teacher, their cough, their neighbors, their friends’ parents and all their environment who are looking carefully on the children eyes to see if there is any sign of the trauma from the past or any new trauma from the present life. And this will last for years. And all this is to prove officially that the parent is not able to have custody. Putting in a stand by, all the previous criminal behavior of the parent, even those criminal acts including minors, in the way like nothing happened before and all this just to get a hearing where the judge may decide only on the fact of the person’s ability to raise her children.

Do you think this is all good for the children?

What if the abusing part was the father?

How many principals are trampled on modern custody cases?

In a general way the collateral gain and collateral loss, of a law procedure do not get real considered yet In modern law, where a part uses his right for a legal remedy, which is an unquestionable right, indeed, but is not considered the fact that this can get used for time winning for the abusive parent before the custody lose. The principle of neutrality applied to modern law cases left this fact out of the arguments that could be used in such a case.

A child cannot stay without custody or be putten in protected custody just to serve a long proving procedure. In fact, fathers' custody requests use to end in Germany after the child enters adulthood. Keeping the custody cases that long only serves the professionals like psychologists, lawyers, and other implicated professions, which in fact in Germany get mainly paid from the state, serve the parent, which custody rights are under dispute and in reconsideration, but finally do not serves the children, which protection claimed the whole process is for.

In Penal cases, there is an active representation of the state, respectively, of the justice, from the DA office, the procurator. In cases where a direct or indirect part is the state, the presence of the State's Attorney ensures that the rights of the state are guaranteed. In family cases, as well, there are a few professionals present, like the psychologist and children educators and, of course, the youth welfare office, which in fact are an essential part of the hearing but non of those parties have got or need to have any law education.

The question is if should the state have a part in such a hearing, finally, the state pays for all this (!), should the state be represented by an attorney or any institution with respectively the rights of a procurator? Ensuring not only the presence of the state but also serving the justice and connecting the different cases in interaction, spotting out all the hidden arguments that law professionals with "blinkers" can not spot out and feeling up the law knowledge gap due to the essential disadvantage of law professions during the court hearing.

Principle of Neutrality

In a place of illusional freedom, as is Germany, law professions which supposed to have the freedom of movement, to pursue their mission, arrive, as well, to get limited by applying the principle of neutrality.
The Civil or the panel law on their own couldn’t stand without procedure rules or procedure codes. In a few law systems, family law is part of Civil law. Modern lawyers tend to follow a particular direction and get extra specialized on that. They get the title like "family lawyer", or "property lawyer" and so go on. In that way, the neutrality of the law, in such a law system, is applied inherently, without specific rules! A lawyer who decides to follow a particular law direction is looking after no interactions with other law directions may occur during his/her law carrier!
In Germany and many modern law systems, I guess, a request for child custody, according to the family law, from a person who did show criminal activity should not be an issue in the custody request!
A mother who uses to keep asking the custody, for her children who got abused by her, even if she committed crimes which include underaged people, does still have the right to an impartial child custody hearing.

The right to start any legal case, submitting any legal remedy must be assured for anyone. This has been one of the law's main principles for a very long time. Securing the start for any legal case shows some difficulties when there are interactions with other open cases. A judge of the Family Court could not secure a free judgment, about a child custody request, if getting permanently interrupted from a criminal case petition during the hearing. The core is to let the Judge work exclusively on his case. Does that, really mean, that an abusive parent should get an impartial hearing about his custody request, requiring no petition of his criminal behaviors?

The Integration

People use to create a view about how the world is or must be like. They are happy or unhappy with the way they think the world is. People get taught from the school, the family, from their social environment the way they have to think. They keep strong inside anything they learned and use to see anything everywhere through a filter and a silent judgment that refers to the way they think.
In Germany, it is normal for everyone to be part of the rules protection which refers to society's stability. Everyone may do a denunciation against somebody who shows disrespect to the rules or violates the law to feel, in that way, part of the society, part of the rules, or part of the system.
Germany should be a paradise for emigrating from pure countries. The rules in Germany are strict but simple, follow the rules, sacrifice what is required to sacrifice, and you will never feel pure anymore!
Not pure in Germany means people who afford to pay the high rent, afford to visit a restaurant, at last, once a week, working about 40 hours or less per week, having no ambitions beyond their working position, respecting the Firm, they are working for, and raising children that matching the system.
Up to this point, there is no criticism about how the system works, finally, the target is to keep the people happy, avoid conflicts, have no high ambitions. This is possible by teaching the people a specific way of living, creating in that way an illusion of freedom and happiness. Communist regimes create the illusion of equality while the modern western world creates the illusion of freedom.

In Germany, it’s very possible to get a parking fine because a casual citizen saw and snaped your wrong parking position. And this particular feeling of being part of societies well working is so deep arriving at the opposite side, of rules respecting. Once before in Germany, I did stop my car just for a few minutes in a place were supposed not to do so, but I did this to let my pregnant girlfriend get off and bring her to the Doctor’s office. The whole process lust about 5 minutes. I got two pictures, snaped from casual, going by, citizens, sent to the authorities denouncing the wrong parking spot. Did those people see there was a pregnant woman who helped? They did not, they sow only the opportunity to show to the system they are part of!