Although no endangerment exists…
In the last weeks1 a Twelve Tribes family has had hearings in the Family Court Noerdlingen about the potential return of their two daughters, aged 11-13, to their parents’ care. After nearly two years in state institutions, the two girls repeatedly plead to come home. There is no evidence of physical or psychological harm.
The psychologist found no harm, but healthy girls in every way. The head of the institution testified from the beginning that the direction he received from the Jugendamt was “not to focus on return of the girls,” quite the contrary to what Family Court strives to attain which is restoration of families.
Meanwhile a witness called in the two girls’ case has written to President of the Higher Regional Court of Munich and Bayer to complain about the bias she experienced in the same court when called as a witness.
At my hearing – so I thought – I was supposed to be heard as witness. Instead much of what I said was doubted by [the judge]. On part of the judge an attempt of influence took place and instead I felt her to be extremely biased. The judge tried to deliberately drive a wedge between me and my brother and my sister in law. In my view, the judgment of the judge is already set and therefore each testimony is questioned in advance.
After all, I just wanted to put on record that I have never seen violence in the Twelve Tribes, whenever I was there as a guest but loving and harmonious families – especially in the family of my brother ….
Basically, the Judge and the Youth Welfare Office control each other in this process (so was my perception), so that everything is done for the purposes of the Bavarian state. A neutral position I do not see here. According to my view, the process is not fair and my brother and sister in law are already condemned basically.”
Despite on OLG/Munchen decision on April 17, 2015 that called for “immediate hearings,” still no ruling allowing the girls to be returned to their parents. The OLG stated clearly
“The senate as already stated in the decision from 05.03.2014 in the temporary proceeding that it assumes that in the main proceeding the expert will immediately inform the court so that in the frame of §§ 54, 166 FamFG an appropriate reaction can happen in case the expert finds out in his explorations that the determined measures are not anymore necessary to avoid the danger…More than one year has passed since then. The family court is required to make the expert do his evaluation as quick as possible.”
And from the girls, again:
Your honor Frau R.!
At our home, Shavuot is coming up.
My sister and I wish we could be there for it.
Please listen to your conscience and do what is right. I wish so badly that we could go home.
Please take this letter to hear and let us go home. It is during the Easter vacations. Please let us…one time, if it has to be…go home for Shavuot.
Thank you if you read it.
Ch (13 years)
and Is (10 years)
- Based on the German post of 8 July 2015, Zwei Mädchen werden in staatlicher Obhut festgehalten… ↩