In a scandalous custody battle in the court of law, the family courts take away the newborn baby from the father on the justification that the Ghanaian parents could influence the the child by educating her about African cultures and way of life.
The baby stay in Germany is not safe and it it assumed that only the Constitutional Court conceded the racist court decisions.
What happened?
Charley (not real name) comes from Ghana and lives since the beginning of 2012, first as an asylum seeker, now tolerated in Germany. Mid February 2013 comes his daughter Jessica (name changed) to the world. The mother suffers from a serious mental illness and broke up with Charley during pregnancy. Reason enough for the children welfare office to take action: Referring to the disease of the mother and the supposedly non-transparent housing and living situation of Charley.
This recommendation followed first the Paderborn District Court and later the Court of Appeal Hamm. Both instances refer in their decisions on a 5,000 euro expensive expert reports on the parenting skills of parents Jessica. And has it all:
The report"
Therein the freshly baked father is denied the ability to detect "subtle signals of the child". In addition to a number of other diffuse allegations the witness lists also the immigration status of tolerated father as a reason for a child endangerment. The child need solid structures in everyday life and not even the whereabouts of the father in Germany was safe.
In addition, the father's attitude to German law and values is problematic. He can not be a model for the child. So he seemed not even to see that his stay in Germany until recently was still illegal. Finally, he was economic refugee and gives the impression that he grab "at any straw" in order to stay in Germany can. Only through the birth of his daughter he had procured a right to stay. In this context, it is doubtful the motivation behind his new relationship would be, because the new partner dispose over a German passport.
African educational methods
Finally, a problem that the child's father "African educational methods evaluates significantly higher than the European", says the report. These are authoritarian, violent and characterized by subjection of children. "African practices" not covered by the right of children to violent upbringing. Here retraining with a view to be "the capacity for insight into the European educational methods" required.
For example, could not convey his daughter Charley and exemplify that it "is appropriate and desirable, their own initiative to seek work, attend training courses to perceive events from social services". After all know Charley "the importance of labor and himself as generated money". but a result he possessed "does not have an educational tool in the sense of partnership or democratic education."
WHAT THE LAW SAYS: However instances of what may cause a child to sparated from either parent, it was argued that for a child to be separated from his/her parents, good reasons must exist and be given. Either because the parent(s) have failed completely to take care of the child or the child's welfare is seriously treathened or jeopardized by the said parents. Only on these grounds will a child be separeted from parents and this is basic course of family law.
In a serious known custody battle to the youth welfare office, experts and judges all joined hands together based on the principle and take away the daughter from the Ghanaian father even before the little girl's birth.
The custody battle was only put to rest after the decision of the Federal Constitutional Court in November 2014 (1 BvR 1178/14).
ReportThe Supreme Court decision also brings racism in the authority and the judiciary overt and raises the question:
Would the children welfare office, experts/ evaluators and judges acted the same way if the father had not been a Black?
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