Les séparations conflictuelles
Wednesday, November 19, 2008
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Report of the Ombudsman for Children: parents who are separating must resort to mediation family. 
Weekly Our family after AFP The Children's Ombudsman Dominique Versini defends the use of mediation in family courts in the event of disagreement between separated parents on child care, in a report to President Republic released Thursday.
(JPG) One in four children today do not live with both parents.
"The family is constantly moving," said the Ombudsman, marriages are down from year to year and divorces increasing, the number of PACS has quintupled in a decade and half of all births take place outside marriage.
If the separation of parents is always a shock to the child, separation conflict is "a real pain," she said, with lasting consequences, the conflict prevents parents to ensure their educational tasks.
Using the example of countries like Quebec and Sweden, the Ombudsman proposes new rules giving priority to child rights and mediation, very little used in France since it intervened in in 2006 that 1% of 360,000 cases before the family court judges (JAF).
She proposes to include in the a comprehensive law mediation.
An interview information would be required on any application on the exercise of parental authority, before the hearing before the judge, to encourage parents
to visit one of the "family mediation services "the CNAF (National Family Allowances Fund).
Then, judicial mediation, now "possible", would become mandatory in case of disagreement at the hearing. In case of failure of any mediation, it might be designated more frequently a "third person", specialized professional in managing conflict.
conflicts, such as breach of access rights, a move without notifying the other parent's refusal to assume the financial obligations, come very often, also found Ms. Versini disregard of the co-parenting, defined by the Act of March 2002.
Very often, a couple splits "do not understand that there is a parental couple, and must continue to take all decisions together about children," she said.
portal established public, listing on the family book or health records of the child, the report makes several recommendations to inform parents.
The report recommends that enshrine in law the right of the child to maintain personal relations with each parent, and with some others who shared his life. While today it is a minor makes a request to be heard, which puts him in a difficult position vis-à-vis its parents, the report recommends that the judge receives "every child capable of discernment "to inform him of his right to be heard by himself or by a psychologist.
In Germany, recalls Ms. Versini the judge sees the child as young as 3 years at his home. In Belgium, it is routinely considers all children over 12 years.
Justice does not fit enough for the evolution and complexity of family situations, while 65% of the activity of the high courts for family disputes, said Ms. Versini finally.
It recommends that the family court judge and create a specialized child-family cluster in each court, with full-time psychologists.
To further
synthesis the report of Ms.
child advocate.
the press kit on the website of the Child Advocate
the press as an association homoparental
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