The limits of institutional interference against families. The diagnose of Münchhausen Syndrome by proxy in Germany – case studies presentation

Abstract

The article deals with the relatively frequent controversial decisions of German courts to deny some citizens their parental rights, and thereby deny their children the perspective of a life within their own family. These are not separations necessary for reasons of clearly bad parenting (e.g. neglect or any kind of child abuse), but rather those resulting from faulty physician diagnoses, particularly, court decisions based on the medical diagnosis of Münchhausen Syndrome by Proxy (MSBP). The author illustrates the phenomenon with examples of children whom German juvenile affairs departments (Jugendamt) or family courts have forbidden to live with their parents, and shows how important for such children is the support of civil society, particularly the activity of the organization Aktion Rechte für Kinder e.V. (Movement for Children’s Rights).