Domestic violence: MPs adopt revocation of parental rights after certain convictions

“Thanks to your text, many children who were afraid will be able to find a certain serenity. » It is with these words that the Secretary of State for Children, Charlotte Caubel, welcomed the unanimous adoption of a bill brought forward by the socialist Isabelle Santiago and supported by the government. With the aim of better protecting minors, the text provides for the revocation of parental authority or its exercise by a parent in the event of a conviction for incestuous assault, a crime against the child or the other parent. The judge may however derogate from this automatic procedure, provided that he can justify his decision. A necessary provision to prevent the text from being revoked for unconstitutionality.

Visiting and accommodation rights are also suspended

The bill aims to put legal levers in place before the sentencing phase. If a parent is “prosecuted by the public prosecutor, indicted by the investigating judge or condemned even if not definitively” For “a crime” from the other parent, for “incestuous sexual violence” or a crime against his son, “the exercise of parental authority” will be suspended, as well as his visitation and housing rights.

Last February-March, the National Assembly had already adopted the bill unanimously, before the text passed to the Senate where it was revised. Changes made by the Upper House that reduced its scope. The deputies therefore took advantage of this new reading to largely restore the initial version in the commission, while retaining some additions from the Senate.

As told FranceInfo, “such as an article in favor of parents who benefit from a protection order that allows them to hide their residence: the bill would exempt them from the obligation to inform the other parent of a change of residence”. The text will now have to be reviewed in the Senate. Should the Upper House decide to amend it again, it will then be sent back to the Assembly for a final reading.

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