Gerichte dürfen Eltern geteilte Betreuung vorschreiben

Interesting story from WELT online.

The German supreme court has decided that there should not be a problem if the family courts decree a shared-parenting construct. The default up till now was the the every other weekend model.

But as always there is a major catch (or two)

  • It must be in the child’s interest (Kindeswohl).
  • The child must agree (and will be interviewed by the court)
  • The parents cannot be in clinch with each other.

Both of these points can be torpedoed quickly enough by any abusing parent. In particular the last point. A couple of calls to social services alleging something and no chance.

So it sounds good, but only in very few cases per year when both parents agree.

And as a footnote – There still isn’t a reasonable decision how to “split” the child maintenance in cases of shared parenting. At the moment it is split 50:50 when the time involved is 50:50, but the absent parent still pays 100% child maintenance costs even if he looks after this children up to 49% of the time. So what is going to happen in some families when the custodial parent is going to lose several hundred Euros a month 😉

Good idea from the title, but effectively useless for most absent parents.

via Trennungskinder: Gerichte dürfen Eltern geteilte Betreuung vorschreiben – WELT

Divorced parents who pit children against former partners ‘guilty of abuse’

Very interesting article here. The Head of the Children and Family Court Advisory and Support Service (CAFCASS) has actually called out parental alienation by name, and also stated that the manipulation of the child by one parent against the other should be dealt with like other cases of child abuse.

Slowly but surely … one step at a time!

via Divorced parents who pit children against former partners ‘guilty of abuse’

Gutachterprozess Dr. Egon B. – Befangenheitsantrag gegen Richterin

Something quite common in German and Austrian law is for the judge to request an expert assessment/report (Gutachtung) on which he or she will use to reach a decision in custody/access cases.

Quite a few of these have in the past been found to be incorrect, simply to not reflect the facts. Here is a case in Austria where a case is being made against an expert for thirteen (!!) incorrect reports. In addition the judge hearing the case has now been dismissed due to prejudice.

All the time the victims are being denied justice.

 

via Gutachterprozess Dr. Egon B. – Befangenheitsantrag gegen Richterin | Familie & Familienrecht

Fathers4Justice Statement: Children on Fathers4Justice demonstrations referred to government anti-terror programme

As if fathers are not demonised enough!  If their children march with them on a fathers rally they are now being reported to the UK governments anti-terror programme.

Fighting for father rights IS NOT A POTENTIAL TERROR ACT!

Hopefully Fathers4Justice will get some concrete information on this highly secretive organisation.

via Fathers4Justice Statement: Children on Fathers4Justice demonstrations referred to government anti-terror programme  – We Are Fathers4Justice – The Official Campaign Organisation