Why this is not an isolated case
A child rejects one parent without the file naming any reason for it in
that parent’s behavior. This site relies on no diagnosis and no
syndrome, only on what the documents say: contact visits that did not
happen, cooperation that did not come, dates and appointments.
That this is a pattern and not a run of bad luck is clear from
Strasbourg. The European Court of Human Rights has repeatedly found
Germany in violation of Article 8 of the Convention for failing to
enforce contact — Elsholz 2000, Sahin and Sommerfeld 2003, Görgülü
2004, Anayo 2010. Most recently on 24 October 2023 in
Sioud v. Germany
(no. 48698/21): a German appellate court excluded a father’s contact for
eight months because the child rejected him — without hearing the child
again and without obtaining an expert report. The Court found a
violation of Article 8.
Ludwigsburg · this case
The same three steps
—
Three weeks later, on 17 November 2023, the German Federal
Constitutional Court held in
1 BvR
1076/23 that a court may not change where a child lives on the sole
basis of “parental alienation”: there is no empirical evidence for
parental manipulation as an explanation of a child’s rejection, nor for
the effectiveness of removing the child from the household. That ruling
is about such a removal. This case is not. What has been applied for
here is the mildest measure available, and one never yet tried:
a supervised resumption of contact.
The pattern repeats itself: the disadvantaged parent complains, becomes
inconvenient in the process, and from that moment the case is no longer
about the child but about the parent. A parent who sees the bond with
their child under threat gets loud. That is a reaction, not a character
trait. In proceedings like these it is turned into one.
In German professional usage such cases are called
hochstrittig — “high-conflict”. The word spreads
responsibility evenly across two parents and leaves open what is at
stake. A more accurate term would be
high-vulnerability proceedings — because it names who gets hurt
in them: the child, and the parent who loses the child.
Anyone who wants to write about this will find a case documented without
gaps over ten years — and someone to talk to who does not need the
technical terms explained to him.