Access rights and protection from violence

Separation from an abusive parent presents women with children who have been affected by violence with a difficult task: They must protect themselves and their children while simultaneously balancing their own interests with those of their children. Furthermore, separation does not automatically end domestic violence. The separation phase in particular can be very dangerous for the women. Conflicts can escalate, assaults become even more violent, and even result in the women's death.

Often inadequate consideration in court

Children are directly and indirectly affected by domestic violence. They witness and observe violence against their mothers or experience violence themselves. Many develop behavioral disorders as well as long-term emotional and cognitive problems. However, this connection is given far too little consideration in court decisions regarding custody and access.

In custody disputes, the right of the woman and the children to protection on the one hand and the right of the violent parent to contact with the children on the other hand are often not or only inadequately balanced. Violence Protection Act would be possible are restricted and undermined.

One reason is that judges, lawyers, youth welfare offices or legal advisors sometimes know very little about domestic violence, so that the effects of domestic violence are not seen as a potential Endangerment of the child's welfare be recognized and excluded from custody decisions. A distinction must be made between a high-conflict separation and a separation due to domestic violence. In cases of domestic violence, a cooperative relationship between the parents is generally difficult in the best interests of the children.

FHK deals with access rights in the context of domestic violence

FHK has been working on access rights in the context of domestic violence for years. Through working groups, specialist events, and discussions with women's shelters and specialized counseling centers, FHK has identified the specific challenges inherent in such proceedings. This enables FHK to engage with the various stakeholders and advocate for domestic violence to be considered in decisions concerning child custody law.

More information about the Effects of intimate partner violence on children