Family law under pressure: Associations warn of unconstitutional draft

Family law under pressure: Associations warn of unconstitutional draft

New discussion about family law: Effects on separate parents

In Germany there is currently a controversial debate about a new draft of the trainee from the Federal Ministry of Justice (BMJ), which not only raises legal but also social implications. Above all, the potential consequences for the rights of separation parents and their children are the focus of public attention. The minister, Marco Buschmann from the FDP, recently focused on this topic, which could mean a threatening change for many families.

The draft stipulates that mere claims could already be sufficient for violence in order to consider the relationships between separate parents and their children considerably. Critics, including the chairman of the family courts (FSI), Gerd Riedmeier, describe this regulation as a massive interference with the constitutional fundamental rights of parents and their children. presumption of innocence - a principle that says that everyone is considered innocent until their guilt is proven - does not seem to be sufficiently taken into account here.

The fact that the design in its current form is particularly worrying is that the design follows a one -sided approach, which in particular puts the rights of mothers and so -called single parents for the foreground. The Istanbul Convention, which the minister refers to, concentrates exclusively on violence against women and children and allows fathers and male victims out of sight. Many experts see this one -sided direction a serious disadvantage for fair treatment of all involved in family situations.

The introduction of the proposal could lead to violence as a strategic means used in disputes between parents. Parents who are confronted with such accusations could be in a weaker position, since they may not even know the place of residence of their children, let alone the opportunity to defend themselves against the allegations. These events could further increase the existing tensions within our society.

There is already a functioning set of rules to protect against violence - the violence protection law (GEWSchG) of 2001. This law has proven itself in practice and offers comprehensive rights in need of protection. Experts demand that instead the existing laws should be revised and changed if necessary, instead of issuing new regulations that endanger existing rights.

The associations that are committed to the rights of fathers and separate parents see the current advances from the BMJ a sign of a problematic development in political will formation. They call for a neutral view of all parents, regardless of gender or family status. The FSI emphasizes that the political debate should concentrate on partnership -based care again in the sense of the original reform goals by BM Buschmann.