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Divorces: a bill aims to encourage alternating custody after separation

Divorces: a bill aims to encourage alternating custody after separation
Divorces: a bill aims to encourage alternating custody after separation

If this bill aims to promote the bond between the child and the two parents, it seems to cause concern, especially in the case of domestic violence within the home.

Will there soon be a change in custody arrangements after separations? This Thursday, December 14, the senators will discuss a bill: you hope so privilege There alternate assignment children in the event of divorce.

A proposal brought forward by the centre-right senators, from which it takes its name “law relating to the child’s right to maintain regular personal relationships with his parents in the event of separation “.

Joint custody will be preferable if one of the parents requests it.

This text provides that joint custody is always preferred if one of the parents requests it, unless the judge deems that it is not foreseen. the interests of the child. In this case, it must to justify his decision, the “ confirmed cases of pressure or violence “.

These are recognized as valid reasons for do not apply alternative residence : “it is in the best interests of the child, in the event of separation of the parents, to rely on each of them in a balanced way and to benefit equally from their respective contributions”we can read in the text.

The first cause claimed by this text is “the maintenance of relationships between the child and the two separated parents”. For some sociologists, such as Christine Castelain-Meunier, who, in Western France, believe that this bill would allow women to free themselves from the social pressure that pushes them to demand that primary custody be taken into consideration” good mothers “.

What to do in case of unproven violence?

If joint custody can make life easier for mothers, and above all prevent their precariousness, encouraging it in an almost systematic way can represent a problem.

What to do if it is imposed in a home where violence exists, but is not “proven”? How is violence assessed? Do the victims necessarily have to have filed a complaint? Why for Françoise Briérecalls the general director of the Fédération Solidarité femmes Western France : “ Most victims do not press charges. And when they do, 70% of complaints are closed without further action “.

Another argument against this bill: the fact that the request of only one parent is sufficient to favor joint custody. What to do if the good understanding between the two parents is not good? For the senator Laurence Rossignol : “ The idea of ​​organizing an equal distribution of family responsibilities by imposing joint custody is a false idea. Joint custody requires a proper agreement between both parents (…) joint custody is a CSP+ thing, you have to double everything “.

According to INSEE, in 2020, 480,000 children in France live in cohabitation with their parents, or more than one in ten children.


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Source: Madmoizelle

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