Stemming from a draft of the Ministry of Justice, plans are being advanced to potentially restrict a parent’s contact with their children in cases of domestic violence. According to Federal Minister of Justice Stefanie Hubig, this measure aims to protect the victim from abuse. Currently, family courts are already obligated to consider domestic violence when making decisions regarding custody and visitation rights, but Hubig seeks to strengthen these rules.
The proposal suggests that if one parent has been violent toward the other, family courts could ban or limit the perpetrator’s visitation rights to shield the victim. Hubig emphasized that domestic violence must be clearly factored into all decisions concerning parental care and contact. Crucially, she highlighted that this consideration is necessary even if the violence was not directed at the child, emphasizing that children suffer when they witness violence in the family environment.
The Minister stated that these clarifications would provide judges with clearer rules, thereby protecting violently affected parents and fostering an environment where children can grow up without witnessing abuse.
Under the proposed law, a judge could temporarily or even permanently prohibit visitation if one parent has been violent towards their partner and such a ban is deemed necessary to prevent danger to the physical integrity of the victim. However, the Ministry of Justice assures that withdrawal of contact will not be automatic. Since limiting visitation is classified as an extremely far-reaching decision, family courts must still decide on a case-by-case basis. When making these determinations, the courts would consider the nature, extent, and frequency of the violence, as well as any potential risk of recurrence. Furthermore, the law would allow for milder protective measures, such as restricting contact to supervised visits.