the shared parenting at the European in the Council of Europe (COE)

Interesting development on shared parenting at the European level in the Council of Europe (COE) in Strasbourg this week
In this weeks session the Parliamentary Assembly of the Council of Europe (COE) in Strasbourg will be discussing a draft resolution drawn up by deputy Françoise HETTO-GAASCH from Luxembourg and forwarded by the Parliamentary Committee on Equality and Non-Discrimination which for a change does not only address the window dressing shared parental responsibility and custody, but - although very hesitatingly - also forwards the principle of shared parental residence as well as parenting plans and reinforcement of court parenting orders. Indeed a step forward.

Here are some highlights on what the draft COE resolution has to say about it:

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5. In the light of these considerations, the Assembly calls on the member States to:

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5.5. introduce into their laws the principle of shared residence following a separation, but under no circumstances in cases of sexual or gender-based violence, with the amount of time for which the child lives with each parent being adjusted according to the child’s needs and interests;

5.7. take shared residence arrangements into account when awarding social benefits;

5.8. take all necessary steps to ensure that decisions relating to children’s residence and to access rights are fully enforced, including by following up complaints with respect to failure to hand over a child;

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5.11. encourage parenting plans which enable parents to determine the principal aspects of their children’s lives themselves and introduce the possibility for children to request a review of arrangements that directly affect them, in particular their place of residence

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Equality and Non-Discrimination: Ensuring that parents have equal rights vis-à-vis their children

Source: Council of Europe COE, PACE: News, 10/09/2015

Council of Europe member states should remove from their laws any difference based on marital status between parents who have acknowledged their child and ensure that parents have equal rights vis-à-vis their children under their laws and administrative practice, the PACE Committee on Equality and Non-Discrimination has said.

In adopting a draft resolution unanimously on equality and shared parental responsibility prepared by Françoise Hetto-Gaasch (Luxembourg, EPP/CD), the members said that the role of fathers vis-à-vis their children, including very young children, needs to be better recognised and properly valued.

Fathers are sometimes faced with laws, practices and prejudices which can “cause them to be deprived of sustained relationships with their children,” says the text, adding that such “separation should only be ordered by a court and only in exceptional circumstances entailing grave risks to the interest of the child.”

The text calls on the authorities of the member states to uphold the right of fathers to enjoy shared responsibility by ensuring that family law provides, in the event of separation or divorce, for “the possibility of joint custody of children”, in their best interests.

States should introduce into their laws the principle of shared residence following a separation, but in no instance in cases of sexual or gender-based violence, with the amount of time for which the child lives with each parent being adjusted according to the child’s needs and interests.

The members concluded that shared parental responsibility helps “to transcend gender stereotypes about the roles of women and men within the family.”

The draft resolution will be debated by the Assembly at its forthcoming autumn plenary session (Strasbourg, 28 September – 2 October).