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? In some jurisdictions, open cases in interaction, are put on standby to avoid conflicts, and penal cases are prioritized before civil rights cases.

The law is formed through basic principles that are always developed and adjusted to the current cultural and social level. However, what is happening now is a limitation of the law translated as development. Limiting the law means limiting the right to free judgment.

In a custody case, the law would judge and decide on the ability of an abusive parent to raise children without taking into consideration the abuse case in the past. Not because the law believes that the parent has changed, but to prove that they are not responsible enough to raise their children. The court requires an official answer about the parent's ability to care for their children, which may involve reexamining their violent behavior. However, this system forgets that the main subject of the case is the children. They are carried from one psychologist to another, visit court hearings, get weekly visits from the youth service in their home, and are scrutinized by their teachers, neighbors, and friends' parents. All of this is to prove that the parent is not able to have custody. The previous criminal behavior of the parent, even those involving minors, is put on standby, as if nothing happened before, just to get a hearing where the judge may decide only on the person's ability to raise their children.

Is this good for the children?

What if the abusive parent is the father?

How many principles are trampled on in modern custody cases?

In a general way, the collateral gain and loss of a law procedure are not yet fully considered in modern law. A party using their right for a legal remedy is unquestionable, but it is not considered that this can be used for time-winning for the abusive parent before losing custody. The Principle of Neutrality applied to modern law cases leaves this fact out of the arguments that could be used in such a case.

A child cannot be left without custody or put in protected custody just to serve a long proving procedure. In fact, fathers' custody requests in Germany end after the child enters adulthood. Keeping custody cases that long only serves the professionals who are mainly paid by the state, the parent whose custody rights are under dispute, but not the children who need protection.

In penal cases, there is an active representation of the state or justice from the procurator. In family cases, there are professionals present, such as psychologists and children's educators, and the youth welfare office, who are an essential part of the hearing but do not have law education.

Should the state have a part in such a hearing, considering that the state pays for all this? Should the state be represented by an attorney or any institution? Ensuring not only the presence of the state but also serving justice and connecting different cases in interaction, spotting out all the hidden arguments that law professionals with "blinkers" cannot spot out, and filling up the law knowledge gap due to the essential disadvantage of law professions during the court hearing.


Principle of Neutrality

In Germany, where illusional freedom prevails, law professions that are supposed to have the freedom of movement to pursue their mission, also face limitations due to the application of the principle of neutrality. Civil or panel law cannot stand on its own without procedure rules or procedure codes. In some law systems, family law is part of civil law. Modern lawyers tend to specialize in a particular direction, such as "family lawyer" or "property lawyer." In such a system, the neutrality of the law is applied inherently, without specific rules. Lawyers who choose to specialize in a particular area of law must ensure that no interactions with other law directions may occur during their career.


In Germany and many modern law systems, a request for child custody according to family law, from a person who has shown criminal activity, should not be an issue in the custody request. This means that even a mother who has committed crimes, including those involving underage people, and who persistently seeks custody of her abused children, still has the right to an impartial child custody hearing.


While the right to start any legal case or submit any legal remedy must be ensured for everyone, this can be difficult when there are interactions with other open cases. For example, a judge of the family court cannot ensure a free judgment about a child custody request if they are constantly interrupted by a criminal case petition during the hearing. The core issue is to allow the judge to work exclusively on their case. However, does this mean that an abusive parent should get an impartial hearing about their custody request without any consideration of their criminal behavior?

The Integration

Individuals tend to construct their own perception of the world, based on their personal beliefs and values. Their level of satisfaction with the world is often tied to this perception. People receive guidance on how to view the world from various sources, such as school, family, and social environment, and these teachings become deeply ingrained in their thinking. As a result, they tend to view everything through a personal filter, and silently judge it against their preconceived notions.

In Germany, it is customary for individuals to participate in upholding the rule of law, which is integral to maintaining social stability. Anyone can report violations of rules or laws to demonstrate their commitment to the society, the system, and the rules. This often serves as a means for people to feel a sense of belonging and responsibility towards upholding societal norms.
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!

In Germany, the term "not pure" refers to individuals who can afford to pay exorbitant rent, dine out sometimes, and work no more than 40 hours per week, often lacking any aspirations beyond their current job position. These individuals are typically compliant and respectful towards the company they work for and raise children who are conditioned to conform to societal norms.

Thus far, there has been no criticism of the system's functioning, as its aim is to maintain public satisfaction, prevent conflicts, and limit high aspirations. This objective is achieved by imposing a particular way of life upon the populace, thereby creating an illusion of freedom and contentment. Communist regimes create an illusion of equality, while the modern Western world propagates the illusion of freedom.

In Germany, getting a parking fine because of an incorrect parking position is quite common, as any ordinary citizen can report such violations by taking a picture and submitting it to the authorities. This heightened sense of responsibility toward maintaining a well-functioning society often leads to an excessive adherence to rules and regulations. For instance, I once had to stop my car in a prohibited area for a brief moment to drop off my pregnant girlfriend at the doctor's office. Despite it only takes five minutes, I received two photos from passersby who had reported my vehicle's incorrect parking position to the authorities. These individuals were oblivious to the fact that I had stopped to assist my pregnant partner, choosing instead to demonstrate their loyalty to the system.