Fischer Hearing Far from Over

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

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For those new to the situation in Germany: home educating is (perceived as) illegal.

The common citation for forced school attendance is to protect against parallel societies.

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