Several situations can lead to situations of international child abduction. Sometimes the will to have a better life or a different one pushes the parents to migrate and take with them their children without the consent of the other parent. Other times, one parent decides to go to another country taking his/her child without the consent of the other parent to escape from a situation of physical and/or psychological violence. The international wrongful removal or retention of children finds its legal framework on the 1980 Hague Convention on the Civil Aspects of International Child Abduction (1980 Hague Convention). When the countries involved are two Member States of the European Union, there is a specific legal framework set in Regulation No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels IIa). The aim of 1980 Hague Convention is to protect or, at least, to reduce the effects that the wrongful removal or retention can have on the child, by guaranteeing the child fast return to his/her country of habitual residence, through a system of cooperation between central authorities. The Brussels IIa Regulation tries to give more effectiveness to the system of the 1980 Hague Convention, so the harmful effects of international child abduction on the child can be reduced. The objective of this presentation will be to analyse the two legal frameworks, the exceptions to the return of the child, and the mechanisms provided in the two instruments, to determine if the two legal instruments safeguard the best interests of the child in international child abduction situations that involve family violence.
The topic of my presentation is shared parenting in the Polish family law, with a special focus on parental child abductions in terms of family violence. The institution of shared parenting has not been regulated expressis verbis in the Polish family law. However, current provisions do not preclude de lege lata such a manner of exercise of parental authority. This form of guardianship is permitted by provisions of the Family and Guardianship Code, however not explicitly, but as part of a parenting plan. The term shared parenting, although not mentioned in the text of the Family and Guardianship Code, does appear in the text of the State Aid for Child Support Act, but without a definition or any specification. Furthermore, provisions of the Code of Civil Procedure make reference to a judgment, in which the court deemed that the child would reside with each of the parents over recurring periods of time. It should be pointed out that it is a systemic defect that procedural regulations refer to a model of settlement, which should follow from substantive regulations (and in this particular case it does not). The matter in question is surrounded by considerable legal uncertainty, causing citizens to be treated differently by courts and public administration authorities. The absence of an explicit regulation concerning shared parenting triggered my intention to research into this institution in the Polish law. The issue of shared parenting has not yet been thoroughly discussed in Polish literature on family law. Some authors, usually in their discussion on parental authority and sometimes in relation to the right to contact with the child, have carried out an extensive criticism of shared parenting and presented a number of different arguments to support theirs claims. More specially, it concerns specific problems connected with shared parenting, such as parental child abduction. My analysis will encompass the wording of provisions laid down in laws of the Civil Code, as well as the difference between the child’s domicile and its actual place of residence, which is determined by its parents.
This study examines the prevalence and socio-demographic profiles of post-separation parents practicing shared physical custody (SPC) in Switzerland, and its associations with parental health and well-being. We analyzed data from two samples of post-separation parents: one surveyed before and one shortly after family law changes facilitating parents’ access to SPC. In both samples, SPC parents represented only a small fraction and SPC was associated with parents’ higher education or less financial strain. SPC-health and -well-being linkages also varied by education. We conclude that prevailing gender-biased employment practices may counteract the broadened access to SPC by reinforcing more traditional sole custody models among less resourceful parents.
The highest conflict of parental alienation leads children, many times, to serious psycho-emotional damages because of the role they are put in parental conflict. Brazilian Law have specific legislation for Parental Alienation since 2010, and in 2017, recognized parental alienation as a form of family violence against the children. In Portugal there’s no special legal norms on parental alienation, but parental alienation has been recognized by Family Courts as a family dysfunction and negative interference in parent-child bounds with legal interest, and, in most severe cases, has been recognized by family courts as a form of violence against the child. In the most severe cases, when official expertise’s shows a serious interference in personality devolvement of the child, namely with stress disorders like anxiety, depression or others relevant, we are facing a situation of toxic stress that can lead to a criminal process of family violence, as well, nowadays, Portuguese courts are applying shared residence even in high conflict situations and against parents will. More often we are having case law decisions improving shared residence to avoid situations of high conflict and alienation, even without parental agreement. Naturally, in needs to be decided case by case in the name of the best interest of the child. It doesn’t work in every situations and need supervision from court multidisciplinary teams. Recently Portugal approved shared residence law project, not as a preference, principle or rule for children of separated parents, but as a model to be taken in account in best children interest.