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Wuppertal Regional Court and Youth in City funds: Court clerks can not modify a court order guardianship!

motto LG Wuppertal has 6 T 201/10

• transfer a magistrate / judge a parental responsibility to a guardian, a guardianship bill is not to be initiated by a / an Legal Care Nurse.

legal bases - quote from the case:

"The decision on the selection of the new guardian was and is not the Legal guardian of the District Court - Guardianship Tribunal - appointed. Rather, the decision rests on the selection of the new guardian of the Judge / Judge of the Family Court. Because the judge of the Family Court from the order of 14 December 2007 - 3 F 307/04 - the transfer of the child's mother removed from parental custody to a guardian complete and under their jurisdiction (§ 1697 BGB aF) are parties to 4) (Note = Youth Department of the City funds) as guardian selected. "

The decision of the legal guardian of the Guardianship Tribunal replaces the decision of the judge offered / not the judge of the Family Court (§ 8 paragraph 4 RPFlG p. 1). That the . Selection of the new registrars to the guardian of the guardianship court through a judicial proceeding under § 7 RPflG would be assigned (§ 8 paragraph 4 p. 2 RPflG, validity of transactions), but you can "

See also: ( BGH) - case law on § 8 RPflG

This creates the district court of Wuppertal, where judges have been deeply involved with the legal bases of the powers of registrars, clarity, a happy trained, but apparently illegal practice of youth services and registrars will be there. like the "short" paths, bypassing the necessary hearings and legal checks modified by the court, the guardianship.

The circumvention of the law judge found frequently at first place at the level of youth services:
Instead, as in § 8a SGB VIII - Protective Order with child welfare risk and § 1666 Civil Code - Judicial measures in case of danger to the child (under the old and new law intended!), not the court, but the guardianship court is called.

There is then the / the - active judicial officer / legal guardian - the law keepers law jurisdiction.

really should take that right-carers - Refrain from such unlawful practice - given the small number in the section known as the Judicial Code of just 40 Clause.


And really you should have expected that youth services should know the § § 8a SGB VIII (= Children and Youth Services Act) and 1666 Civil Code.
Even before coming into force of FamFG, ie before 01.09.2009 was an alleged child welfare risk always! . the court and not to call the guardianship court Refer to the requirements of "old", ie before 01.09.2009 valid law:

§ 1666 BGB (old!)
Court actions in endangering the child.

• 3 (1) If the physical, mental or moral welfare of the child or his assets at risk and the parents are unwilling or unable to avert the danger, then the Family Court to take the measures necessary to prevent the hazard is necessary.

PS: The District Court of Kleve was mounted in exactly the same grandparents case under the temporary arrangement method of a different opinion (October 2007!).


The anonymous Judgement of the LG Wuppertal:

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Remarkable response of a medical association in the event of a breach of confidentiality

Obviously, and one can not trust a doctor more, it goes to the legal department of the Medical Council.


concerned had sent a complaint to the local medical association. This included demonstrable confidentiality violations of a pediatrician and a clinic. The Youth Office has said the children's doctor that, in kindergarten abuse occurred, and signs were asked the doctor for information and investigation. The physician has complied with this request immediately even though pre-set from a medical point of view had no child welfare risk. Then he then noted in his opinion.

The medical reports of the clinic have been ordered by the pediatrician and sent without the knowledge of those concerned with custody of the Youth Welfare Office has been. Only on the court record, the parties have become aware of these confidentiality obligations.

The Medical Association felt that no breach of professional regulations.
was the responsibility of this Medical Association, moreover, there are other cases of similar violations of confidentiality, which also only because of a suspicion expressed by the youth office without the knowledge and understanding of those affected were sent.

CONCLUSION: When it comes to this medical association any doctor can give information to authorities about you and your children

may forget the victims appeared to these regulations.

§ 9
confidentiality
(1) doctors have about what has become entrusted to them in their medical status or known - about the death of the patient or the patient has - to mention. This and written communications are the patient or of patients, medical records, radiographs and other investigation findings.
(2) doctors are entitled to disclosure, unless they are exempted from the confidentiality or if the disclosure is necessary to protect the legal interests of a higher quality. Legal statement and notification requirements remain unaffected. As far as legal rules restrict medical confidentiality, the patient or the patient should be informed about it.

How should parents behave, whom they can no longer trust in such circumstances a doctor? There are many Doctors, who take their confidentiality very seriously. Actually, to a Medical Board shall ensure that patients trust the medical profession and the legal orders of confidentiality can. In addition, a Medical Board shall ensure that those doctors provide, which have high moral and ethical standards to themselves, are not brought into disrepute by doctors, which, as here, negligence handle their confidentiality. This harms the reputation of the medical association of medical practitioners.

Fortunately, there are also medical associations, which take the legal secrecy actually serious. Let's hope that these doctors chamber, a single case remains.

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court date 09.06.2010 - Injunction II: Mayor Ulrich Janssen.. Monika Armand

the injunction proceedings of the Mayor Ulrich Janssen and the head of the General refers to social service Monika Armand on

Wednesday, 06/09/2010
10.30 clock

1. Floor, Conference Room A 115, Schlossberg 1 (Swan Castle), 47533 Kleve

a trial date instead.

At the entrance of the court held admission control. To avoid delays please bring a valid identity document.



from Supreme Court ruling VI. Civil Division 22.4.2008 - VI ZR 83/07

Although falls significantly in favor of the defendant's significant that the control of the institutions of public authority is a primary task of the press [...]. Therefore, the press needs to fulfill their monitoring role of the special protection from government interference if it is to carry out this task effectively .

injunction II - Blog Posts:

Sunday 9 May 2010 injunction (in) system in Germany .... lawyers always win

Monday, 1 February 2010 Whenever the district court of Kleve and the BGH the Federal Constitutional Court in the injunction II: Mayor Ulrich Janssen against Armand?

Thursday 28 January 2010 injunction procedure II of the Mayor Ulrich Janssen against me, "reply the city funds"


Wednesday 20 January 2010 Youth Office of the City funds: "Grandparents case" and the frustration of dealing Vormündin (Part 1 to the 2 summons)

Monday 18 January 2010 warning Jugendamt city funds: I let it get me down and fight in court next

Monday 18 January 2010 Mayor Ulrich Janssen and director of the ASD of the city funds remind me for statements made in the "Grandparents case" with help from lawyers

Abgemahnt blog post after removal of the defendant "ingredients"
Monday 11 January 2010 city funds? "Grandparent case," illegal use prevention of the unlawful activities Vormündin (Part 10) Amendment to the blog post due to the ruling of the District Court of Kleve on 22/01/2010 (see: seems