“The Supreme Court (OGH) annulled the decision: It is necessary to be extremely strict in deciding on this case. A child may only be handed over to the Youth Welfare Department if danger threatens. Danger of this nature has not been proven to exist.”
“Der Oberste Gerichtshof (OGH) hob das Urteil auf: Es sei ein strenger Maßstab anzulegen. Nur bei drohender Gefährdung des Kindeswohls dürften Pflege und Erziehung der Jugendwohlfahrt übertragen werden. Eine derartige Gefährdung sei hier aber bisher nicht bewiesen.”
The Social services wanted to take the child away from his mother because they considered her a serious danger. The child was filthy and neglected and needed intensive therapy. The lower court ruled she couldn’t care for the needs of her child and severely neglected him.
However, the Supreme Court have just lifted the ruling based on the argument that however bad of a parent the mother is, the child still has a close bond with its mother and they must not be separated!!! Every effort must be made to support the mother with help and social workers but custody must indisputably remain with her!!!
‘A loving child-parent bond is the paramount consideration’ they said.
And yet I, a Cambridge graduate with no history of drug abuse, mental illness or any other offense was denied my children by the very same court.
Die Presse, 13.1.2014