In the family case in Dresden the activities of the judge appointed by a politician, by a minister, show that the victim of a crime committed by a judge in Germany has no real legal remedy at her or his disposal.1
Stowarzyszenie Wolne Społeczeństwo (SWS, Free Society Association, Polish NGO), calls the Federal Government of Germany to delegate the representative of the Federal Government to attend at the sitting of the family court (Amtsgerticht Dresden, Abteilung für Familiensachen) in Dresden on 10 November 2021. No support for the rule of law in the European Union had been received from the the Polish governmental officials.
The Polish family consisting of a child and the mother who parented the child alone from the birth on, has been attacked by the judge, when she de-registered her child from among the inhabitants of Dresden, Germany, as she needed support from her family in Poland in child care, when she was to start her professional work again. On the ground of the law of the European Union, the mother was fully entitled to move with her child to the neighbourhood of her family in Poland.
When only the judge got notice of the mother moving out, he organized the abduction of her child, and he deprived the mother of her parental and guardianship rights in such a hurry that he did not manage to initiate appropriate court proceedings and had to re-use the proceedings, with its case number, that was already decided on its merits and finalized with the valid decision. The judge obviously violated the rule of the legal validity of the decision.
The intervention of the German court in the maternal care and the disintegration of the family caused by the court had no factual reason. Those actions had been taken within the breach of the law of the European Union and against the Polish jurisdiction that was determined by that law after the child and the mother moved out from Germany. Those actions had been taken within a few weeks after the same judge decided to keep the full parental rights of the Polish mother, and had been taken despite that there was no change in the circumstances of the case beside the move from Germany to Poland. The change through 180 degrees of the position of the German court in the case and the illegal change of the decision concerning the child were not preceded by any change in the situation of the child.
There is the glaring lack of any opinion on the situation of the child expressed by a person independent of the judge. There was no examination of the situation carried out independently of the judge. The judge falsely imputed an alleged mental illness to the mother against the evidence in the form of certifications he had at his disposal, completed by German specialized doctors, who stated the absolute lack of any ground for any doubt about the mother's full mental health.
Before German courts, the mother received no legal help from a lawyer that was independent of the judge. German lawyers working with family cases depend on the judges because the judges have discretionary powers to decide about the financing of the lawyers' services. A German judge may in practice even deprive such a lawyer of his means for living.
The court proceedings in the case of the Polish mother and her child is abundant in evidence of the acknowledged by the European Parliament discrimination by German judges against foreign parents in Germany. Additionally to the findings of the European Parliament, the physical violence against the mother in the time of her meeting with her child has been revealed in the case. The mother has been assaulted and beaten by the court's representative during her meeting with her child. The mother and her child are victims of a regular degrading treatment during their meetings organized by the German court. They have no privacy during those meetings.
The perpetrator of the assault and battery against the mother in the presence of her child goes unpunished. His legal defence had been organized by the lawyer's office in Bonn. The lawyer's office has a personal connection with the German federal government.2 The recording of the assault and battery on the mother in her child's presence has been declared by German court to be an inadmissible evidence on the ground of an alleged protection of privacy of the court's representative.
Because of the legal complaint against the judge's misconduct which was submitted to the superiors of the judge, the mother has been in Germany presently accused of an alleged libel against the judge with regard to corruption. The family proceedings in German court is organized in secrecy.