According to plans put forward by Federal Minister of Justice Stefanie Hubig (SPD), the legal ability to restrict a perpetrator’s contact with children may be granted to protect victims of domestic violence. This proposed reform of family law appears in a draft from the Ministry of Justice, which was reported on by the “Funke”-Mediengruppe.
The proposal suggests that if one parent is abusive towards the other, family courts could forbid the alleged abuser from having contact with the children in order to protect the victim. Minister Hubig told the “Funke” newspapers that domestic violence must be clearly factored into future decisions concerning custody and visitation rights. This consideration would apply even if the violence was not directly aimed at the child, as children suffer when they witness family violence. Furthermore, the SPD politician noted that visitation rights should not allow a parent to repeatedly put themselves at risk of being attacked by the other parent.
While current law already mandates that family courts consider domestic violence during custody and visitation proceedings, Hubig aims to tighten these rules. The minister stated, “We are providing family courts with clearer guidelines; we are protecting abusive parents and contributing to ensuring that children can grow up in an environment free of violence”.
According to the draft legislation, judges would eventually gain the power to temporarily or permanently restrict a parent’s right to contact their children if that parent has been violent toward their partner, and if such a ban is deemed necessary “to avert a danger to the physical integrity of the victimized parent”.
However, the Ministry of Justice does not intend for the exclusion of contact to be automatic. Since an exclusion of visitation is considered an extremely far-reaching measure, family courts will continue to decide on a case-by-case basis, taking into account various factors. These factors include the type, extent, and frequency of the violence, as well as any possible risk of recurrence. Depending on the circumstances, less severe measures may also be possible, such as requiring the abusive parent to only see their child in the company of a third party.
