Permalink 07/02/09 @ 10:24:38 am , Categories: German Law, Other  


I am not sure how to 'read' the outcome of the 3-hour Fischer family court hearing just yet.

The judge has delayed making his decision for 2 weeks, to see whether the Fischers are willing and able to work with the Jugendamt before he has to step in and make a binding decision himself. Although anyone who is familiar with the Jugendamt will know that it is their way or bust.

The two issues in question are whether Manuel is "unschoolable" and his "oppositional disposition."



It could be a good thing that Judge Horndasch is giving himself some time to think as this case has now put him into the international spotlight with thanks to your actions and others!



Lets hope that as a father of 2 children he can put himself into the position of the Fischers, and ask....

  • 'what would I do if the State was not meeting the needs of my child, whom I love?'
  • 'how would my child feel being evaluated by strangers not known to him/her?'

and as a judge remember that

  • the rights of parents are to be protected AND that
  • he has the power to allow for home education which would make him the first judge to follow the suggestions of the United Nations Special Rapporteur Munoz to Germany (re Universal Declaration of Human Rights).




Judges, Courts, Members of Parliament, Education Authorities in Germany need to stop passing the buck from Regional to Federal Government and back again and instead at least recognise, honour and obey the mandates, treaties and agreements that she has with the rest of the world that allow for home education.

Bildungspflicht statt Schulzwang
Compulsory Education not Forced School Attendance

Home Education is tried, tested and proven, requires no government intervention for it to be successful and saves the State money, providing a better socially integrated and community-active individual. So what are they scared of???





I dare say that if you still wanted to write to the judge that this would still be helpful in shaping/challenging his ideas about how this case ought to conclude, in particular if you are a homeschooling parent of a child with Aspergers, using TEACCH or LOVAAS therapy.

Herrn Richter Horndasch
Case Reference :Familiensache 4 F 1141/08

Email: poststelle@ag-an.bayern.de
and
Fax: +49 (0)98158405



I'll leave the last word to Corinna:

"And also a great big thanks to everyone who is supporting Manuel, ... There is a big thick file with your letters at the court - the judge stated that he was constantly getting faxes and emails. He was delighted with the great interest:)"



Comment from: Rina Groeneveld [Visitor]
Well, he wouldn't be the first judge - I know of at least one other case where the judge has ruled to allow homeschooling to continue. That was last year.
07/02/09 @ 18:47
Comment from: Kinderlehrer [Member] Email
Rina, can you tell us more?
07/02/09 @ 20:30
Permalink 07/02/09 @ 01:17:18 am , Categories: German Law, Action, Other  


By now Corinna, Manuel and family will at least have started their court hearing, so we can take a break from emailing and faxing - thanks to all those who did so.

I am sure that receiving correspondence in English will have thrown the Court a bit, so you may not have received a confirmation receipt as the German folks already have. I know I haven't yet!

We'll keep you informed the moment we can confirm the outcome.



Permalink 06/30/09 @ 09:29:39 pm , Categories: German Law, Action, Other  


Here is another 'hot off the press' call to action for us all - right now if you please.

Corinna Fischer is a German mother with a teenage autistic son.

Despite a conclusive former report a couple of years ago, stating that the child lives with Aspergers Syndrome, the State required her son to be tested again to see whether there is a case of 'child endangerment' at issue.

Unbelievably the 'experts' without full and thorough examination (as the child understandably did not want to comply being that these people were complete strangers!) concluded that there was no grounds for such a diagnosis and the child was being harmed (by his mother) and ought to be re-integrated into the school system. This is their report (PDF).

Manuel has been schooled at home for 4-5 years. Corinna has taken pains to inform herself of her son's condition and the therapy he needs to raise him in a way that he needs.

In just a few hours they have to appear before Judge Horndasch, who in cases like this is extremely likely to strip Corinna and her husband of parental rights, award them to the State and order Manuel to attend a school and if he doesn't comply to isolate him to a psychiatric facility etc.

Yes, it does sound extreme, but I have yet to read of a German court judge who has really looked at the evidences and overturned one of their own's 'expert' opinion.

Please email and fax, right now, imploring the Judge to uphold the evaluation of Frau Dr Mann (PDF report), to allow Manuel to continue to be homeschooled.

Herrn Richter Horndasch
Case Reference :Familiensache 4 F 1141/08

Email: poststelle@ag-an.bayern.de
and
Fax: +49 (0)98158405



EDIT
This looks to be the judges' website.



Permalink 06/23/09 @ 10:07:54 pm , Categories: Action  


The poll at Antenne 1 is now closed and when I last checked 2 hours before closing, approx 61.56% were saying that 'Yes parents ought to be allowed to home educate their own children' and 38.44% were saying 'No'.

Thanks, to all who voted despite the language barriers and time differences and, to those who left comments in the Antenne 1 blog discussing the poll question.

I know that the raised awareness of this issue in the media and therefore the public, counts towards changing the tide of popular opinion. There was even a blog post (in German) to that end, recognising that people are likely to vote [no] without really thinking about what they are doing.

What struck me and other German homeschoolers listening throughout the day, was that regardless of where the majority of votes fell, only the 'no' votes were emphasised. At the top of the hour when the votes were marginally more than 50% in favour of parents rights to home educate, the radio presenter was still saying "more than 49% are voting no". That more than was only .x of a percent!

What happened to "more than 50% have voted 'yes'"?



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