a court judge from Starnberg/Bavaria
the judges of the second civil court of appeal in Munich
a former family judge and advocate of the child's mother
the child's mother
further parties of the divorce proceedings
of misrepresentation of a criminal offence, continueing physical injury and cruelty of a minor charge, hard physical injury to the grandmother of the child, because of physical injury in duty, perversion of course of justice, instigation prosecute innocent, multiple child withdrawal, abetment to it, aiding and other criminal offences.
This single case shows the practice concerning family laws, the way in which many fathers and their families experience them today. The author describes very detailed the violence against children, here against his daughter. He prooves in samples, that the common custody which started with the child legal reform (1997) usually wont change anything in the present practice of law, because the right of veto of the mother is still existing and nothing was done against the use of children as instruments, e.g. through the socalled "abuse with the abuse", the processual tactic of false accusation of one parent with "sexual abuse".
The charge brought up, is trying to compare the actual situation (German familiy-court-practice, which can be noticed commonly) with the must situation (valid justice standards) by a definite proceedings action¸ in order to verify the accusations of the author against the judges (remark: a treasure trove for quotations out of relevant court decisions and the German legal literature).
The starting situation:
During an appointment for a divorce a court judge very patient is trying to convince a mother, that it would be in her child’s best interest, if she would agree to a common custody. The mother turns down this suggestion of the judge many times very strong. As a result the judge follows the suggestions of the experts and gives the custody just to the father. He starts to speak his judgement into a dictating machine. Now the mother pulls the "emergency brake" and at this moment for the first time and into tears she accuses the father spontaneously of the "sexual abuse" of his own child.
The results:
The father is being rehabilitated completely later, but the mother has the only custody. For her, the improper used "emergency brake", her false testimony proved to be successful. In the meantime the child, it´s grandmother and it´s father drop out of the running during the divorce conflict, which lasts 7 years; they are being humbled, tormented, tortured excessively, also their health and the material situation has been touched extremely: a complete family has been ruined.
The consequences (present status):
Many times the prosecuting attorney's demanded the court records from the courts, but it took the courts more than 11 month, before they sent the evidence to the investigators. Also later on no investigation took place. A short time later the prosecuting attorneys stopped the proceedings against the judges of the court of appeal in Munich (after 12 month totally); according to their opinion because of a lack of grounds, which would lead to any kind of criminal offences. An appeal is charged against this decision.
Following please find details: http://www.paPPa.com/mmdm/kindmiss.htm
However, these papers have not been translated and are being published in German:A legal proceedings is instituted at the district attorney
A personal letter to the prosecuting attorney in charge; this letter explains the facts and what kind of reaction the author is trying to get with this unusual step.
Personal background with a conflict statistics.
The documentation with the specified legal proceedings and the attempt to compare the proceedings with the law literature is the largest (160 pages ZIP-File). This record includes the three above mentioned documents the individually specified charges and extracts out of the book which is being written right now, with content and literature list.
Stopping report of the prosecuting attorney
Complaint against this report
Open letter to the Minister of Justice
DER SPIEGEL Nr.45/1997 , Report on the Case: "Like a Witch Trial"
Der SPIEGEL Nr. 47/1997 , Title-Story: " The Fatherless Society"
The author is scientist but a layman concerning laws. He would be glad about your comment and any kind of constructive criticism, specially also from the side of law specialists. Also he gladly is awaiting any kind of reaction of anybody to whom it may concern and who would also like to resist against power- and child abuse in court-actions in Germany. If you would like to contact the author, kindly mailto 100111.215@compuserve.com