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The German Child Protection Association and the Women's Shelter Coordination Association demand protection from violence before custody and visitation rights.

On Children's Rights Day, FHK, together with the Federal Association for Child Protection, demands that protection from violence finally be prioritized over custody and visitation rights.

A group of children photographed from behind at a zebra crossing. Children with colorful backpacks and sun hats are crossing the street accompanied by adults. The backpacks are in various colors such as yellow, pink, orange, and blue. Sunny day, everyday scene in traffic.

Unsplash/note thanun

On International Children's Rights Day, the Child Protection Association and Women's Shelter Coordination Association (FHK): The principle of "protection against violence before custody and visitation rights" must be enshrined in law. 

Children's rights to protection from violence and a non-violent upbringing must finally be prioritized over parental rights. Instead, children are treated as bargaining chips and leverage in family court decisions, and prior domestic violence within the partnership is barely taken into account.

Despite proven domestic violence and against the express wishes of the children, family courts regularly order contact with the abusive parent. Both associations criticize this practice, arguing that it systematically endangers children. Germany is thus violating its international obligations under the Istanbul Convention. 

Domestic violence in Germany reaches a new highIn 2024, over 265.000 people were affected, including tens of thousands of children. Around 16.000 children find refuge in women's shelters with their mothers each year. Approximately 171.000 cases of domestic violence were registered. In many of these cases, children are directly or indirectly affected. Nevertheless, visitation rights are often granted against the children's will. 

Article 31 of the Istanbul Convention has obligated Germany since 2018 to take incidents of violence into mandatory consideration in child custody decisions. This obligation is currently not being fully complied with nationwide, to the detriment of tens of thousands of children. 

“In family law, the voice of children must finally be given more weight. It cannot be that children are forced against their will to have contact with violent parents,” explains Daniel Grein, Federal Managing Director of the German Child Protection Association.

"As long as courts insist on visitation rights instead of recognizing violence as a reason for exclusion, children and mothers remain unprotected. The federal government must now swiftly and fundamentally reform family law, as proposed by Justice Minister Hubig." announced“ demands Sibylle Schreiber, Managing Director of Women’s Shelter Coordination eV


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