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Germany's women's shelters criticize custody ruling | Germany | Deutsche Welle | 11.08.2010

Germany's women's shelters have joined the country's largest single parents' organization in opposing increased rights for unmarried fathers.

Until now, the fathers of children born out of wedlock in Germany had no legally guaranteed custody rights. Mothers had the right to withhold joint custody, leaving the father to sue the mother for visitation rights.

But Edith Schwab, head of Germany's Association of Single Mothers and Fathers, says the Federal Constitutional Court's decision last week to grant custody rights to unwed fathers is bad news for single mothers, who themselves will now have to fight to keep unfit fathers from raising their children.



Ad astra per aspera
by In Wales (inwales aaat eurotrib.com) on Wed Aug 11th, 2010 at 01:58:14 PM EST
[ Parent ]
Germany's women's shelters criticize custody ruling | Germany | Deutsche Welle | 11.08.2010
On August 3, Germany's Constitutional Court ruled that "the current legal situation excessively encroached on paternity rights for fathers of children born out of wedlock, because they could only take part in raising the child with the mother's consent," according to spokeswoman Judith Blohm.

The constitutional court ruled that fathers should have the same rights as mothers

Blohm said that until now "the fathers also didn't have the right to have a court determine what arrangement was in the best interest of the child."

So what's wrong with this decision?

to fight to keep unfit fathers from raising their children

What about unfit mothers?

"Ce qui vient au monde pour ne rien troubler ne mérite ni égards ni patience." René Char

by Melanchthon on Wed Aug 11th, 2010 at 05:51:09 PM EST
[ Parent ]
It could create a situation, when the biological parent with the most wealth is the father, that could empower him to intimidate and manipulate the mother via legal processes that she could ill afford to contest. But, if he is, as he should be, making significant contributions to the support of the child, he should have some rights. I do not know what the usual situation is regarding child support in Germany.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Wed Aug 11th, 2010 at 07:49:06 PM EST
[ Parent ]
I believe this to be a reaction to some various problems arisen in recent years in international couples where the mother was German.

In these cases, a judicial decision (by the foreign authorities) to give the father rights was overruled by the german court.

A free fox in a free henhouse!

by Xavier in Paris on Thu Aug 12th, 2010 at 03:42:12 AM EST
[ Parent ]
ARGeezer:
when the biological parent with the most wealth is the father, that could empower him to intimidate and manipulate the mother via legal processes
In the UK it can work the other way as a parent of modest means may be entitled to unlimited public legal aid and can therefore litigate the wealthier parent to ruin.

Or so the story goes on some solicitors' websites...

By laying out pros and cons we risk inducing people to join the debate, and losing control of a process that only we fully understand. - Alan Greenspan

by Migeru (migeru at eurotrib dot com) on Thu Aug 12th, 2010 at 04:43:33 AM EST
[ Parent ]
Ah, those socialist Brits!

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Aug 12th, 2010 at 02:36:17 PM EST
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