Authorities doesn’t need to liberalize little one custody, some civil organizations. protest

A recent draft law proposed by the Justice Minister would amend the Civil Code to provide for joint custody of children at the request of only one parent in the event of divorce. While Judit Varga praises the motion as something in the children’s interest, some NGOs are protesting the bill, citing conflicting scientific evidence and the risk of abusive parents gaining more rights.

According to the amendment, parental custody is exercised jointly even if the parents no longer live together, unless they have agreed otherwise or the guardianship authority or the court have decided otherwise.

The Justice Minister told InfoRádió that this is in the children’s interest as it eliminates a major source of conflict. “Joint parental responsibility can be exercised by alternating the right and duty of parents to have the child and look after the child for the same period of time. If no agreement can be reached between the separated parents, the judge decides on application or ex officio in the best interests of the child which parent has custody. At the request of one of the parents, the court can also decide on joint parental responsibility if this is in the best interests of the child, ”explained Varga.

In this way, the judge can, on the initiative of one of the parents, order what is known as “alternate custody” in which the child is with the mother for two weeks and, in the event of a divorce, with the father for two weeks. “So far, this has only been possible in the event of an agreement, but life has gone beyond that,” said Judit Varga.

She believes that this would make a separation, especially for the children, as less stressful as possible and that the actual relationships would be on an equal footing. The minister said that this would give the judge more leeway, but also more responsibility, because if a circumstance that creates more conflicts and thus more problems with the separation is found, joint custody cannot be ordered.

Citizens’ organizations protest

Varga also stated that the civil sector, including the Hintalovon Foundation and the Apaszív (Father Heart) Foundation, welcomed the government’s move. Apparently, this cannot be said for the entire civilian sphere, as several organizations are protesting against the draft law, emphasizing that joint custody is not necessarily good for the child.

According to NaNe and Patent Associations and the Hungarian Women’s Lobby (all mainly involved in the fight against violence against women), this type of solution has spread in Western European countries in the last few decades, but several evaluations based on long-term observations and studies have shown that alternate placement, especially in early childhood, is often harmful to children.

Their joint statement argues that the lack of a stable relationship between the child and the primary caregiver, the lack of a stable home environment, and the stress of frequent changes of placement undermine the child’s sense of balance and security, increase emotional demands, and harm their personal development .

It is also important to note that fathers who have a history of violence and abuse towards their family members are most likely to seek alternative custody or joint custody if no mutual agreement has been reached.

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In her response to the criticism, Varga described the objections as “not serious” and claimed that under the new amendment, courts must always take into account the interests of children, and of course the establishment of joint custody if one of the parents is suspected of abuse, “Outside” question. “

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