Wachtendonk Bedia Kara has not seen her two sons for almost two years and she only occasionally sees her daughter. The woman is not only on edge with her former partner. She also sees the judiciary against her.
Again and again Bedia Kara has to interrupt the conversation. So when she can no longer hold back her tears. “I just can not stand the injustice anymore,” Wachtendonkerin says. For she thinks it is wrong that the three children she has with her former partner were deprived of her mother and given to the father. For years she has fought for her two sons and her daughter. A match that fills a diary and meanwhile a series of files.
When the couple separated in May 2016 and he moved out, the children lived with their mother. According to Bedia Kara, the father was in contact every other weekend, although he often did not want to take the little daughter with him unlike the two older sons. In October 2016, the former partner applied for joint custody and was granted it immediately by the responsible judge at the Geldern District Court, according to Wachtendonkerin. In September 2018, the father applied for the right to determine the residence, the children were now to live with him. “He would make the court in Geldern believe that the communication between me and the children was no longer good,” reports the 47-year-old primary school teacher. The city court ordered a psychologist with a family report, which was completed around Easter 2019. While the father had never before taken the children home for the holidays, he now wanted all three of them to take the summer holidays, says Bedia Kara.
According to her, the agreement for the summer holidays 2019 looked like this: The three children were to be with their father for the first three weeks and with their mother for the last three weeks. On July 15, 2019, her former partner picked up the children from her. The same day, the psychologist visited the children’s father and announced the result of her report. “Before the judge or anyone else had the report in their hands,” Bedia Kara notes in shock. The father immediately ordered his lawyer to take further steps, above all with an urgent procedure to transfer custody to him. “A line-up game,” assesses Wachtendonkerin.
The kids never came back to her during those vacations. The expert allegedly said to the children, then eleven, nine and four years old, “I lived long enough with my mother.”
The next blow was awarded to the Turkish-born German at the court hearing in Geldern on August 2, 2019. “My four-year-old daughter hugged and held me and said, ‘I want to see you,'” Bedia Kara describes the meeting. The father snatched the crying daughter from her arms, which the judge saw but did not note in his report. Instead this: The four-year-old was dumb, which was rated as “very noticeable”. Finally, the judge gave the father the right to determine his place of residence. “Without discussion, neither the judge nor the deputy had seen me, and I had the report in hand for just two days,” says Bedia Kara, describing what happened. She is still stunned today. “Trembling, in shock,” such was she on August 2, 2019. “How can one do such a thing to a person?” asks the Turkish woman.
An order of the judge of 7. August 2019, after which the children were to go to their mother every other day during the remaining summer vacation, was ignored by the father. “The children reportedly did not want to see me.” A visitation agreement stipulated that the children should go to their mother every other weekend after the summer holidays. So Bedia Kara was looking forward to September 6, 2019. “I had bought everything and cleaned up.” At 2 pm, a text message came from the father: “The children do not want to come with you.” Every other weekend she drove to her former partner to see the kids. “I never had children.”
Again and again, Bedia Kara and her lawyers filed petitions, urgent applications and complaints, all the way to the Higher Regional Court. They were either ignored, not treated at all, treated with delay or dismissed without a hearing. A lawyer who previously represented Bedia Kara was “silenced” by the responsible judge at the city court in Geldern. And he was “folded” when he pointed out unconstitutional aspects of the judge’s behavior and criticized the court’s delay tactics.
For a period, until January 2021, Bedia Kara had intercourse with her daughter. Then the father suspended this because she had become violent towards the girl. “My former partner told the court’s horror stories, it’s absurd, unbelievable,” Wachtendonkerin said. Most recently since July 2021, it has been recorded that all of his claims were fabricated.
The acquaintance of the 47-year-old paints a completely different picture of Bedia Kara than her ex. Diler Matratzi writes that she experienced Bedia Kara as a loving mother, “who did everything so that her children did not lack anything”. The attention to the children was marked by benevolence, kindness, and a great deal of maternal tenderness. Bedia Kara always looked after her children, took them to school, to doctors and to clubs, “says Claudia Kinzig. From one day to the next, Bedia’s children were taken away.” No one who knows Bedia understands that. “
For Georg Schulte, who now represents Bedia Kara legally, the events fit into a trend in case law. Sociologist Wolfgang Hammer assessed more than 1,000 cases for his study “Family Law in Germany” published in April 2022. He concluded that ideological ideas among judges, lawyers and youth welfare offices led to children being wrongfully separated from their mothers. The Hamburg researcher also criticizes lawsuits that are too long and burdensome to harm the children in question. “I can confirm Hammer’s trend,” Schulte says. According to the lawyer from Hammelburg in Bavaria, he has many clients from all over Germany.
Schulte reported the responsible judge in the Kara case at the Geldern District Court to the public prosecutor in Düsseldorf for having perverted the law. “And I called him a racist.” According to Schulte’s experience from many cases, the client with foreign roots has no chance against the German partner in such a conflict constellation.
The 47-year-old struggled for accompanied contact to his seven-year-old daughter through youth care. She submitted the application in November, and as of mid-May, there have been four meetings so far. Bedia Kara has not seen her sons since September 2020. The last scheduled high court hearing on June 10 was canceled. A new one is coming on July 27th.