A mother from Rhineland-Palatinate who, according to the courts, has overtaxed her daughter at school with a need for learning support, has to accept the partial withdrawal of custody.
A constitutional complaint directed against this by the woman with her now 16-year-old daughter was not accepted for decision by the Federal Constitutional Court.
The Higher Regional Court (OLG) Koblenz had appropriately assessed the withdrawal of parts of custody.
Karlsruhe - A violation of parental rights is not recognizable, according to a decision published on Thursday in Karlsruhe (1 BvR 1525/20 - decision of September 14, 2021).
According to the court, the girl in elementary school was found to have special educational needs while studying. Against the advice of the specialists, the mother registered it at a high school. After a short time there were considerable conflicts there. The girl was excluded from school because of attacks on classmates. At a Realschule Plus there were also considerable conflicts with teachers and classmates.
Because the family court saw the daughter's physical and mental well-being endangered due to the mother's failure, the mother was deprived of the right to regulate her daughter's school issues, among other things.
The OLG rejected the complaint directed against it.
The mother exerts such pressure on the daughter to perform that she is permanently overwhelmed, sad, desperate and without any zest for life.
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The OLG found a child's welfare endangered by excessive demands in the regular school.
This is reinforced because the mother rejects help, especially target-different teaching.
In view of the serious impairment of the child's well-being, the Higher Regional Court assessed the case appropriately, according to the 1st Chamber of the First Senate of the Federal Constitutional Court with Court President Stephan Harbarth.
dpa
