Family law in flux: FHK comments on two draft laws

Two draft bills (preliminary drafts) from the Federal Ministry of Justice and Consumer Protection (BMJV) aim to fundamentally change how domestic violence is handled in family law: the Child Custody Modernization Act (KiMoG) and the Act to Improve the Protection of Victims of Domestic Violence in Family Court Proceedings (FamFG) . The Women's Shelter Coordination Association (FHK) will publish a joint statement with the Federal Association of Independent Welfare Organizations (BAGFW) on the FamFG draft on Friday, July 10, 2026, as well as a further statement on the KiMoG draft.

An important step in the right direction

FHK welcomes both drafts in principle. For the first time, domestic violence is not only mentioned in German family law, but specifically defined based on the Istanbul Convention — with four forms of violence: physical, sexual, psychological and economic violence.

Several structural changes are also taking place: A system of elective court selection will prevent the need to disclose a secret location, such as in a women's shelter. Furthermore, in cases of domestic violence, the court will no longer be required to encourage an agreement between the parents. A detailed set of criteria will help courts better recognize the dynamics of violence.

FHK also sees improvements in child protection: Witnessing domestic violence should in future be explicitly considered a threat to the welfare of the child – children will thus be recognized more strongly as independent victims and not just as an “appendage” of their parents.

Where FHK sees a clear need for improvement

Nevertheless, FHK sees several key weaknesses. One core problem: The new protective regulations often only apply if domestic violence is already clearly "present." In practice, however, it is frequently not even reported because victims fear retraumatization or disadvantages in the legal process. FHK therefore demands that indications of domestic violence must be investigated in order to implement protective measures.

FHK also sees weaknesses in visitation rights: A ban on visitation in cases of domestic violence remains a mere discretionary measure rather than a binding requirement. FHK criticizes the practice of only considering the possibility of child endangerment. According to studies, children who witness violence are ALWAYS affected, regardless of any individual judicial assessment.

Overall, special attention to domestic violence needs to be more consistently integrated into all regulations. Furthermore, psychological and digital forms of violence are not yet adequately addressed.

FHK also sees gaps in child participation: Currently, the right to have a say in the proceedings is largely limited to young people aged 14 and over. Since, according to FHK statistics, around 50 percent of children in women's shelters are under six years old, FHK advocates for a significantly lower age limit or an individual maturity assessment instead of rigid age requirements.

Continuing education as a crucial success factor

A key concern of FHK is the mandatory training of all involved professionals: family court judges, legal representatives, experts, and youth welfare office employees should demonstrably acquire knowledge about the dynamics and effects of domestic violence. Currently, this is only included in the draft legislation as a non-binding "should" provision. 

FHK calls for more binding regulations and sufficient resources to ensure the legal reform is effective in practice. FHK also emphasizes that social skills training courses and violence prevention counseling for abusive parents should be more firmly established as prerequisites for visitation rights, rather than remaining just one option among many.

Conclusion

FHK considers both drafts to be an important step forward for violence and child protection in family law, but points out that legal texts alone are not enough. Crucially, sufficient resources, mandatory training, and consistent application in judicial practice will follow.