Countries which have ratified the UN Rights of the Child must be held accountable to its provisions. Below I quote key provisions, and violation of them in the case of my 3 children in Germany since 1989.
1. States Parties will respect the "identity, including nationality, name and family relations." (Article 8.1)
-My children had their family name changed from mine to the mother's (Sabass) despite my vigorous legal objections.
-The children have dual citizenship, but their rights as Americans have been absolutely ignored .
-The children were hidden in Germany from me for 5 years, which was done with help of the Jugendamt (Youth Department) and court
2. States Parties shall assist a child illegally deprived of its identity "to speedily re-establishing his or her identity" (Article 8.2)
-My many many letters to courts, Jugendamt, private agencies, letters through lawyers, and letters from my friends and contacts, were all totally ignored.
-I was kept out of Germany by conspiracy of the mother and courts, with threats that I would be arrested- and I was arrested there twice on false accusations and demands for money and put in prison
3. States Parties... ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child."
-The Family Court in Miesbach, Germany, denied my request for "joint custody" and did not grant any rights even to see the children, but demanded that I pay DM 4500 a month (!) which of course I refused to do.
-The Oberlandesgericht (high court) in Munich affirmed the Family Court decision, and further, demanded that I pay alimony (I did not pay it), though she was a professional psychotherapist with her own practice, a fact which she hid from the court.
-The mother repeatedly wrote complaints to the courts that I was trying to contact the children by mail and telephone, which she thought was illegal as the courts gave me no rights to contact them
4. States Parties shall respect the rights of the child and his or her parents to leave any country and to enter their own country" (Article 10.2)
- The children had German and American passports, but the police seized their American passports when I tried to enter Germany in 1990 and did not return them to me or to the US Consulate
-I was put in prison twice on trying to enter Germany (for 6 weeks, and 4 weeks) on false
accusations and demands for money, which of course I did not pay. The intent, to keep me permanently out of Germany, was successful, and I was warned by the mother that I would be arrested on entry to any EU country.
5. In proceedings, "all interested parties shall be given an opportunity to participate and make their views known." (Article 9.2)
-The Jugendamt interviewed my wife and wrote down all she said, but ignored my request to meet me or include what I wrote.
-The court ordered a Gutachten (study), so the person commissioned interviewed my wife and wrote down all she said, but ignored my request to meet me or include what I wrote
-In the trial in Munich in which false accusations were made against me, I had no chance to open my mouth.
6. States Parties "shall respect the rights of the child... to maintain personal relations and direct contact with both parents on a regular basis." (Article 9.3)
-Totally violated. The courts totally denied my request for "gemenseimes Sorgerecht" (joint custody), did not grant any contact whatever, and even accepted letters from the mother complaining that I was that I was trying to contact my children
-The Miesbach family court intentionally delayed 5 years in giving the divorce decree (most unusual!), as strategy to keep me out of the children's lives and out of the country (meanwhile I applied for and got divorce in Bangladesh where we had been married; the German courts recognized our marriage in Bangladesh, but not the divorce there!)
-Even after I somehow got their address after 6 years, all contact between the children and myself, their grandmother, brothers, and sisters and other American relatives were completely hindered by the mother, while the courts did not give any order allowing me to contact my children
-The Oberlandesgericht in Munich (4.11.1995) did order that the mother should send me the children's school records, but she did not send them, and when I complained to the court, no action was taken.
7. States Parties "shall assure...the views of the child being given due weight in accordance with the age and maturity of the child."
-After I was totally cut out of the children's lives for 9 months in 1989 during which the mother totally brainwashed them against me, they were taken to a court and made to repeat their mother's false sexual and other allegations to a judge while the mother sat by to hear it! The children were 6 and 8 years old! The boy recounted his stories- very obviously all programmed by the mother—with his eyes to the floor, as my lawyer reported. There was no child specialist present. Of course the children, having lost one parent, would not risk losing the "love" of the remaining parent. This was recorded in official court documents. No country with a modern judicial system should accept such words of young children influenced by one parent against the other parent. This is Parental Alienation Syndrome (PAS) and is very common in divorce cases, especially used by the mother against the father (detailed research findings can be provided, also in German; also see the booklet written by lawyers on this subject: Children Held Hostage: Dealing with Programmed and Brainwashed Children, by Stanley Clawar and Brynne Rivlin, Chicago: American Bar Association, 1991)
-The mother married me falsely "only to have 3 children" and "did not want a husband" (as she told 4 people which I have in writing), and therefore she threw me off with these tricks.
-The children now are 25, 23, and 19 years of age, and because of all this their hearts are hard as stone. I could meet the oldest son only briefly, 2 years ago, and the others do not wish to meet me. The German State, by trying to ensure that these bi-national children grow up 100% German, has enabled the mother to devastate their personalities and future welfare, denied then their father's love and support in life, and denied me all my inherent parenting rights and human rights as a father. The 3 children have hard and suspicious personalities and I fear will have difficult in personal and family relationships throughout their lives.
The above refers to the case Dr Sabass-Maloney / Prof. Maloney, Miesbach Amtsgericht AZ. F 135/89; also Landgerict Muenchen, Number 457 Js 169421/90; and Oberlandesgericht Muenchen Aktenzeichen 2 UF 1203 1203/94
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