After the Federal Court recently dismissed the father's lawsuit with incomprehensible reasons (see here), the sad story is now entering the next round.
Tele M1 report from August 14, 2010 and August 16, 2010 as well as 10 to 10 from August 30, 2010
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When children are handed over to their mother under police supervision
It was all about the children: the mother, the father, the judges. But now the dispute over the care of Jan (4) and Martin (7) has escalated. Yesterday morning four police officers came to father Jürgen P.'s apartment in Berikon with a search warrant and arrested him. They didn't find the children there. They stayed overnight with their grandparents. The mother had reported Jürgen P. because he was withholding the children from her. That's their view. The father and his lawyer Patrizia Jucker see it differently: “The children don’t want to go to their mother,” says the lawyer. The boys spent the summer holidays with their father before starting a new life in the Czech Republic, in their mother's home country. In June, after a long legal battle, the federal judges granted her custody of the children and confirmed the judgment of the Bremgarten AG district court. Now the 37-year-old finally wants to go back to the Czech Republic. The father is allowed to visit the boys there every other weekend. When the mother moved out of the apartment, she took the children with her. The 44-year-old computer scientist saw his boys as often as possible. “They are very attached to him,” says a family friend who introduced the Czech woman to the Swiss ten years ago. Refused to give up the children The father, in turn, demanded custody of the boys. He argued that moving to a foreign country would not be good for the children. He couldn't get away with it. He later fought for him not to always have to travel to the Czech Republic to see his children, but for his mother to take them to Switzerland once a month. That too was rejected. When the mother came to the former family apartment in Berikon on Friday a week ago to pick up the children, she was accompanied by the Beriker town clerk Michelle Meier and two police officers. Jürgen P's lawyer was also there. «P. “Didn’t refuse to give up the children,” she says. She observed how the mother, who speaks Czech with her children, grabbed the younger boy's hand and wanted to leave the apartment with him. But the four-year-old clung to his father's leg with his other hand and screamed. Afterwards, the town clerk and the mother had a brief discussion and left without children, says Jucker. The children could stay with their father, it was said. Jürgen P. didn't hear from his wife for a week, who has since filed for divorce. Then yesterday the police came and arrested him. Judge is said to be biased After the incident in the apartment, the lawyer turned to the President of the Bremgarten District Court, Peter Thurnherr, with a super-provisional application: The children should remain in the father's care until it has been professionally clarified what can be expected of them. “The Federal Court found that a move to the Czech Republic would not affect the child’s well-being. But it didn’t take the new facts into account.” Since last summer, the boys no longer liked going to their mother. Thurnherr rejected the application. According to Jucker, he also said on the phone that the father was intentionally keeping his children back. He is also said to have admitted that he had advised the opposing party before the legal decision. “Such a judge is biased,” says the lawyer and is now demanding that Thurnherr resign and that the case be reassessed in light of the new facts. He doesn't want to comment Thurnherr does not want to comment on the allegations, but says that such family stories are always difficult to decide. He was always concerned with the welfare of the child. The mother's lawyer does not comment. While the father was in custody yesterday, the children were handed over to their mother in front of the Berikon community center - under police supervision. |
VeV commentOnce again, members of the authorities demonstrate their helplessness and ultimately their inability to deal with these situations. Instead of paying attention to the reaction of the two children and clarifying the facts thoroughly, the legal authorities prefer to create facts. As a precaution, the father is arrested so that he cannot influence what happens next. The children are then kindly handed over to their mother. So that it can leave Switzerland unhindered and without delay. In this case, as in many others before it, the actions of the authorities prove once again that the much-vaunted and often-quoted child welfare is a mere farce and is only used as a convenient hook for the underlying assumption that children belong to the mother whether they want it or not. To speak of "children's best interests" in such a case, as the Bremgartn judge does, is a mockery of the fact that in this case the true well-being of the children is being trampled on and literally no one takes their well-being into consideration When will our judges and authorities up to the Federal Court finally realize that children need both parents and that this fundamental right should actually be protected by the rule of law. Or does the mother's right to travel abroad trump the children's right to their previous surroundings and to be close to their father and the rest of the family? Should the mother's free choice of residence be valued more highly than the children's security in their familiar surroundings? What a sad world this is!
Letter to Judge Turnheer and the municipality of Berikon dated August 15, 2010 |