From the perspective of women affected by violence and their children, Frauenhauskoordinierung eV (FHK) welcomes the fact that BMJ finally aims to provide clarity in cases of domestic violence. The requirement of “protection against violence over access rights” is to be clearly regulated. The requirements of the Istanbul Convention will thus also be implemented in Germany. Child law implemented.
In particular, FHK welcomes the fact that joint custody may no longer be exercised in cases of violence against the child or in cases of domestic partner violence.
"This meets a long-standing demand," said CEO Christiane Völz. "The legal regulation should clarify that this must specifically involve the withdrawal of existing custody rights!"
Furthermore, the case of a concrete threat to the parent who is a victim of violence and to any children who are also affected during visits is explicitly mentioned. This finally recognizes that not only the child's history of violence should be the deciding factor for visitation rights, but that child protection can only be achieved through effective protection against violence against women. FHK also calls for mandatory participation in perpetrator programs to be enshrined in the planned reform as a prerequisite for visits.
FHK also expressly welcomes the reform's planned strengthening of children's rights through co-decision-making powers and a strengthening of the legal position of children in the spirit of a child-friendly justice system. The intention to sharpen the concept of the best interests of the child is also welcome, particularly with regard to recognizing witnessing domestic violence as a form of violence against children. Here, a distinction should not be made between direct and indirect violence against children, but rather take into account scientific findings on the psychosocial consequences and effects of child witnessing intimate partner violence.
However, FHK does not see the planned arrangement of contact guardianship as a protective measure, but rather as a risk of further traumatization or influence on the children involved, as well as a risk to the people involved in the handover situations.
Despite the positive assessment of the planned changes regarding the duty to investigate cases of domestic violence, the withdrawal of custody, and the restriction or suspension of contact, including a risk assessment for the parent affected by violence, caution is warranted: The remaining rules are based on the fundamental assumption of joint parental responsibility and shared care, including the involvement of other social caregivers. These models must not be applied to cases of domestic and gender-based violence, as has been the case in the past, with high pressure to reach a consensus.
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