Ask a lawyer on the topic of Family law

Youth welfare office defamation in court

May 11, 2010 | 30,00 EUR | answered by Bernhard Müller

I hereby request advice.

Yesterday we were at the Youth Welfare Office for a discussion before the court hearing of my son (16) for assault.

The discussion took place in 2 parts. The first part without my son who left as soon as I mentioned 2 other incidents in the last 12 months also involving assault. The second part without me, in order for the officials to communicate with my son.

In my discussion with the Youth Welfare Office employee, I requested help in parenting and accused the Youth Welfare Office of never listening to my requests before. In contrast to me, my ex-wife explained that our son was loving and helpful, and that all the offenses so far had only been minor. In my presence, she claimed that our son had never been physically aggressive towards her (the reason she sent him to me in 2008) and that I was too strict. She said that she had taken him back in 2009 because it was better for the child (the real reason being that I had moved 120 kilometers away).

After this introduction to explain the situation, we met before the court again. The hearing went to our satisfaction, and the case was dismissed. However, in the plea of the Youth Welfare Office employee, the sentence "was beaten by his father, due to his French upbringing" was mentioned.

Today, I realize that no one is completely innocent and what parents may see as a slap on the bottom can be perceived differently by children. However, I find this statement from the employee very hurtful today and am considering taking legal action. I also know that a statement from my child would attract more attention in court than mine, and that no judge would have an unbiased opinion in this case. (I would certainly not react differently myself)

But the fact that an employee of the Youth Welfare Office, who has never spoken to the family before, likely based on the statement of a pubescent teenager, makes such a serious accusation in court without hearing my side, raises doubts about this institution for me.

Furthermore, isn't the Youth Welfare Office obligated to take action when there is suspicion of child abuse?

What would you advise me to do today? Should I report the man or the Youth Welfare Office for defamation?

Bernhard Müller

Dear questioner,

According to your description of the situation, the employee of the youth welfare office only passed on what he heard from your son. In order for defamation to occur, it would be necessary for this employee to know that this is false. It is also part of his duties to describe to the court the impression he had. You yourself mention "what parents see as a tap on the bottom can be perceived differently by children."
It can therefore be assumed that there was indeed such a "tap on the bottom" at some point.
A criminal complaint against the employee of the youth welfare office is therefore unlikely to be successful.

An investigation procedure initiated based on a possible criminal complaint from you against the employee is likely to be discontinued after a short time.

Yours sincerely

Bernhard Müller Lawyer