Domestic abuse offenders in Germany could lose right to see children

Importance Score: 65 / 100 🔴


German Justice Minister Proposes Stricter Rules on Child Visitation in Domestic Violence Cases

In an effort to protect children and victims of domestic violence, German Justice Minister Stefanie Hubig is advocating for legislative changes to restrict or prohibit visitation rights for perpetrators of intimate partner violence. The proposed changes aim to safeguard children who may suffer emotional harm even when they are not the direct targets of physical domestic abuse.

Proposed Restrictions on Parental Rights

Hubig stated that individuals who engage in physical abuse against their partners should expect limitations on their access to their children. These limitations could include supervised visits or a complete prohibition of contact, as reported by Germany’s Funke Mediengruppe.

Current Legal Framework

Presently, German law only permits the curtailment of a parent’s custody rights if the child is the direct victim of violence. The existing legislation does not address situations where a parent experiences domestic abuse, even though such abuse can significantly impact the child’s well-being.

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Rationale for Legal Reform

Hubig emphasized the necessity of amending the law to explicitly address instances of violence between parents. She argued that restricting or prohibiting contact with the child is warranted when one parent abuses the other, asserting that children are adversely affected when they witness or are aware of such abuse.

  • The legal change aims to acknowledge the indirect harm children experience in households with domestic violence.
  • It seeks to create a safer environment for children by limiting their exposure to abusive parents.

Expanding the Scope of Abuse

In addition to physical violence, the minister suggested that restrictions on custody rights could also be justified in cases of psychological abuse, such as severe insults or threats directed at a partner. The aim is to broaden the definition of domestic abuse beyond physical harm to include emotional and psychological trauma.

Reforms to Rental Laws

Hubig also outlined plans to revise rental laws to offer enhanced protection to individuals affected by domestic violence. She highlighted the need for survivors of domestic violence to be able to relocate from shared residences swiftly. Current regulations necessitate the signatures of all parties on a rental agreement before one party can be released, which can be a significant barrier for those seeking to escape abusive situations.

Key Proposals

  • Allowing domestic abuse survivors to terminate joint rental agreements without the abuser’s consent.
  • Facilitating quicker relocation for those affected by domestic violence.

Minister’s Announcement

The minister’s remarks follow her announcement earlier in the week regarding plans to bolster protections for individuals subjected to domestic violence. These comprehensive reforms seek to address both the immediate safety and long-term well-being of abuse survivors and their children.


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