Comparing the legal situation of the custody case in Albania and the custody case in Germany, we can observe a few key differences and issues related to the respective legal systems.
Legal flexibility and interpretation: In the Albanian custody case, the lawyer was able to question the plaintiff directly, presenting their real motive to the judge. This demonstrates the flexibility in the Albanian legal system, which allows lawyers to interpret the law and use creative arguments to reveal the truth.
In contrast, the German legal system appears to be more limited in terms of the arguments that can be used during court hearings. The German system is narrowing certain types of cases following specific paths, limiting so perspectives on the issues at hand.
Focus on the welfare of the children: The Albanian custody case ultimately centered on the welfare of the children, with the judge rejecting the father's request for custody after determining that the father's motivation was self-interest rather than concern for the children's well-being.
In Germany, however, the legal system may prioritize other factors over the welfare of the children and doesn't eliminate the possible self-interest of the parents. The lengthy court procedures seem to serve the interests of professionals involved in the case rather than the children themselves. The focus on proving a parent's ability to care for their children, rather than considering past abusive behavior, could put the children's well-being at risk.
State involvement and representation: The Albanian case does not mention any significant state involvement or representation, while the German case raises questions about the role of the state in custody hearings. The German system involves various professionals, such as psychologists and children's educators, who do not necessarily have a legal education. I so question whether the state should have a more active role in ensuring justice and connecting different cases in interaction to spot hidden arguments and fill the law knowledge gap.
In conclusion, the German legal system appears more limited and narrow in terms of the arguments that can be used in custody cases, compared to the Albanian system. This potentially results in a legal process that does not adequately prioritize the welfare of the children involved and raises questions about the appropriate level of state involvement in such cases.