Compensation for Child Removal

In Germany, the ‘Jugendamt’ is as bad as Social Services are in the UK. This case is exceptional since it involved the removal of twelve children.

The European Court for Human Rights [ECHR] awarded compensation!

Haase v Germany[2004] 2 FCR 1, (2005) 40 EHRR 19, [2004] ECHR 142, [2004] 2 FLR 39, [2004] Fam Law 500

3. The applicants alleged, that the suspension of their parental responsibility for their four children and the three children of Mrs Haase’s first marriage and the prohibition of access to all the children amounted to a breach of Article 8 of the Convention They also complained about the unfairness of the court proceedings under Article 6 § 1 of the Convention.

5.  By a decision of 23 January 2003, the Court declared the application admissible.

112. The applicants also sought compensation for non-pecuniary damage, pointing to the distress and frustration they had felt as a result of the withdrawal of their parental rights and the sudden removal of the children. Referring to previous award made by the Court in other cases, they claimed EUR 25,000 for non-pecuniary damage suffered by Mrs Haase and EUR 10,000 by Mr Haase although their immense suffering, which had generated serious health problems necessitating psychological help, could not in any way be measured in terms of money.

113.  In the event of a finding by the Court that the applicants were also acting on behalf of the children, as submitted in their letter of 19 December 2002, they claimed EUR 2,000 on behalf of each of the children for damage the children had sustained as a result of their separation from the applicants and to some extent from each other.

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