Dirty war of roses before the district court of Dachau
Created: 01/15/2023, 18:25
By: Stefanie Zipfer
At the district court in Dachau, a war of roses keeps ending up.
© David-Wolfgang Ebener
The war of the roses of a wealthy family from the district has been occupying the Dachau courts for years.
Dachau
– Money is actually what a 14-year-old private student from the district of Dachau lacks the least.
The girl plays golf and has already taken trips in her young life that many adults will envy.
Nevertheless, the little one is unspeakably poor.
Her parents don't say a word to each other, "they can't even look each other in the eye anymore," she told the district court last week.
Parents have been complaining for years
Since the parents have been complaining to each other for years and arguing like tinkers about how to deal with their two children, the family is a regular guest at the district court.
The 14-year-old did not show any nervousness in her statement.
"I was only there in December," she routinely explained to Judge Tobias Bauer.
He praised the student, considered her a "very clever girl".
Nevertheless, he repeatedly emphasized that the situation in which the family finds itself is "stupid" and that the whole process is highly "uncomfortable" for him.
I have a very uneasy feeling about the building."
In fact, the facts, which are formally called “abduction of minors” in legal terms, are complicated in this case.
The focus is on a couple of parents who married in 2006 and separated again ten years later;
the divorce followed in 2017. In the beginning, in 2016, there was a change model negotiated by the family court, whereby the two children – in addition to the girl, there is also a brother who is two years older and a sister from a previous relationship – on a weekly basis with the Today's 58-year-old mother and 60-year-old father lived.
Since April 2017, the children have been living with their father, who also has the so-called right of residence over the joint offspring.
The mother, who was born in the US, has moved her primary residence to Florida.
Dealing with the children precisely regulated to the day
A painstakingly negotiated and repeatedly renegotiated agreement on dealing with the children regulates exactly when the daughter and son have to be with which parent.
Example: on December 24th with the father, on December 25th with the mother, from December 26th to December 31st with the father.
Etc.
The father, who claims to be a businessman by trade, told Judge Bauer that it was very important to him that the children see their mother.
On the other hand, the ex-wife had already broken into his house, "cleared out the safe and stole money".
Communication with the ex-wife, he explained in the same breath, “therefore only runs through the lawyers.
Exclusively".
Because the daughter, as she admitted to judge Bauer, absolutely wanted to go skiing with her mother in Tyrol in the days before Christmas in 2021 and it was also clear that she would fly to a North Sea island with her father after Christmas, she helped fate a little later: "I told dad that I'm going to my sister's in Munich." She didn't mention to her father that her mother would also be in this apartment, who would then travel to Tyrol with her daughter for three days .
"I was afraid he would hurt her or go back to the police."
But the father found out.
After phone calls with family friends, he found out that his daughter was in the mountains.
Abroad and - at that time still - a corona high-risk area!
He then went to the police and reported his ex-wife.
For the prosecutor, the case was clear: "There was no agreement with the father, you should have formally agreed on the stay." On the other hand, the mother only wanted to fulfill her daughter's wish, which is why it was "difficult" in this case , "to find an appropriate punishment".
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Judge Bauer delivers a Solomonic verdict
The lawyers Joachim Schwarzenau and Daniel Schön demanded an acquittal for the accused 58-year-old.
"She tries hard," explained Schwarzenau, but the ex-husband showed no interest in stopping his legal campaign.
What counts is the child's will - and the child wanted to go skiing with the mother.
Apart from that, the subsequent trip to the North Sea island had not been agreed either.
"He didn't tell her anything about that either!"
The defendant admitted in her last word that she "didn't like her ex-husband, but didn't hate her either".
She does her best, but the War of the Roses "continues because he wants to".
"It's really difficult to deal with the children in a sensible way when you feel threatened."
This was also recognized by judge Tobias Bauer, who found a Solomonic verdict.
He found the mother guilty of abducting her underage daughter and imposed a fine of 6,000 euros, as requested by the public prosecutor.
However, he explicitly only issued a warning, which means that the fine will not be enforced.
Bauer explained that what the accused did was wrong.
However, "everyone in this family has been punished enough."
Perhaps, so Bauer's pious hope, this solution is an impetus to communicate better with each other in the future?
Unlikely.
Both parties parted without a word.
There will only be a reunion in the courtroom.
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