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In regards to the Schott family

This decision criticized following procedural errors of the District Court Nördlingen that we have long been complaining about. They are actually highly questionable for due process. It says:

olg-headerolg-1Translation

“Against the backdrop of already more than 1 1/2 years of separation of the child from parents because of a provisional arrangement in summary proceedings, and due to the fact that the main proceedings had not yet started in December 2013, based on evidence so far, there is reason to point out the following:”

Comment: In other words, the provisional arrangement lasted for almost 
2 years... in a so-called emergency procedure...

olg-1aTranslation

“As far as replacement of parental consent was required for the evaluation (see above), this temporary measure would have been sought as soon as possible to avoid delays according to the ruIes  (cited by the District Court itself decision of Appeals Court Bremen, ruling OLG Bremen FamRZ 2014 1376-1378; Prutting / Helms / Hammer FamFG, 3. Aufi, paragraph 163, paragraph 21). Therefore to open up a trial in which only after more than a year after the inquiry ordered by the December 2013 over the issue of replacement of consent, appears from the standpoint, by Article 20, paragraph 3 of the Basic Law, and Article 6, considering the need for speed in the Family Courts, at least problematic.”

Comment: So the Court here to a possible violation of fundamental rights 
stated in Article 6 and Article 20, paragraph 3 of the German 
Constitution (Basic Law).

These are:

Article 6 of the Basic Law

(1) Marriage and family enjoy the special protection of the state.

(2) Care and upbringing of children are the natural right of the parents and a duty primarily incumbent on them. The state watches over the performance of this duty.

(3) Separation of children from the family against the will of the persons entitled to bring them up may take place only pursuant to a law, if those so entitled fail in their duty or if the children are otherwise threatened with neglect.

Article 20 of the Basic Law, paragraph 3:

(3) Legislation is subject to the constitutional order; the executive and the judiciary are bound by the law.

olg-2Translation

“The priority – and to expedite matters for custody proceedings under paragraph 155 FMFG – is present and particularly important because the risk has to be noted that, facts are created solely by the length of proceedings, which already amounts to more than 1 1/2 years, that a return of the child to the parents is more and more difficult; children and parents are estranged and a second intervention into the environment of the child could in turn bring in serious conflicts. In the face of such conflicts, and the possible consequences for the mental development of the child, the previous procedure and the current duration of the proceedings appear questionable.” [Emphasis added.]

Comment: The Court of Appeal recalls the problems that arise when the 
District Court does not comply with the speed-up of the Nördlingen 
court. There, the District Court Director Beyschlag always stressed that 
all things be done for the benefit of children and not against the 
"parents living in the sect".

olg-beschluss3Translation

“There will, however, be noted that increasingly critical in respect of the duration of proceedings, the constant and continually explained will, based on the considerable own wish of the girl’s to live with their parents, as well as the proportionality (of the issues in question), for interim relief in this case now to could be assessed.” [Emphasis added.]

Comment: The District Court has so far in no way taken into account 
the will of the children, who wish to return to their parents...By law 
the will of the child must be taken into account from the age of 14, 
but may be considered earlier, depending on maturity.

When will these girls be allowed to go home?

foto-abiyah-girls

Schott Family

Do they want to go home? Let them speak for themselves, as Ishah did April 26, 2015!

2015-04-26-ishah-an-sv-august-frenzelTranslation

From Ishah

want to go home.

want to go home.

want to go home.

want to go home.

want to go home.

want to go home.

want to go home.

want to go home.

want to go home.

want to go home.

Does more need to be said? Read more about the Schott Family.