If the child only after a few detours first-degree general education, this principle has even in case of negligence of the child no consequences. Otherwise it can be when after successfully completing (here: CSE) an even higher degree of general education (here secondary school certificate) will be sought.
The applicant had successfully completed in 2002 the secondary school. Four years later she visited in August 2006, a night school to make up their secondary school certificates. The Higher Regional Court of Brandenburg was one of these Night school course or any school for general education. The key factor was the conclusion and not whether the school would be visited during the day or evening classes as an adult school. Further explained to the Senate, could be drawn from general education to the child regularly only slight demands are made on the performance of duties. Even if there would be only indirectly to the completion of general education, it would remain because of the special importance of the general university degree regularly even with misconduct by the child without consequence.
is different, however, if the child after successful completion of the general education of school so operating a higher-end aims. To this end, the Senate: "Will the child attend so after the main school, secondary school or at the conclusion of the junior high school to university entrance, consists of training right away only if the continuation of general education in view of the performance shown is appropriate"
OLG Brandenburg , decision of 4 7. 2007 - 9 WF 159/07
Suggestion:
In such cases, intensive fact-finding necessary. must be presented in court, that the continuation of general education, given the previously shown benefits appropriate. It is therefore necessary to explain that the services provided actually justify the continuation of education. In addition to the achieved education skills and the special needs of the child are assessed. In addition, the court may evaluate possible interruption periods. The corresponding will to continue the transactions concluded at the general education should already be evident after the beginning of the teaching according to the achieved degree outside have grown, particularly through consultation with at least one parent.
RA Jens Christian Goke, LL.M.
www.kanzlei-goeke.de
0 comments:
Post a Comment