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?

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