Orientation toward the best interests of the child

Karlsruhe has strengthened the rights of single fathers. Unmarried people must be able to get custody of their child more easily in the future. The current legal situation is unconstitutional, the court ruled. The Family Federation of Catholics welcomed to our site the verdict.

"For children, both parents are usually important attachment figures. It is therefore appropriate to give unmarried fathers the option of a judicial review of joint custody, based on the best interests of the child. The custody decision oriented to the respective individual case prevents an automatism at the expense of the mothers", said Elisabeth Bubmann, president of the family federation on Tuesday (03.08.2010). At the same time, the legislature is called upon to improve the framework conditions for marriage and family life. Stable partnerships create the most favorable conditions for children to grow up successfully."The federation of however-educating mothers and fathers spoke of a scandal. With the judgment, dispute is pre-programmed, said Irina Kroeske of the advocacy group on Tuesday. Nikolai Wedel of the Fathers' Awakening said that the legal position of fathers is not significantly strengthened. However, fathers could now go to court for their custody rights. This will lead to a flood of lawsuits.

Karlsruhe demands legal Neuregelu

In the decision published Tuesday, the Karlsruhe judges called for a new legal regulation. Because the exclusion of an unmarried father from joint custody in the event of a veto by the mother violates the father's parental rights. "The legislature generally sets the parental rights of the father behind those of the mother in a disproportionate manner, without this being required by the preservation of the best interests of the child," the First Senate. From the point of view of the catching court the amption of the legislator that parents use the possibility of the common custody as a rule proved to be inaccurate. On the contrary, only just over half of the parents of illegitimate children agreed to this. According to surveys of institutions and experts, it can also be amed that "in a not inconsiderable number of mothers refuse consent to joint custody solely because they do not want to share their ancestral custody with the father of their child". Federal Justice Minister Sabine Leutheusser-Schnarrenberger (FDP) welcomed the decision and referred to ongoing consultations on a revision of the legal situation, which had already begun after a ruling by the European Court of Human Rights.

Father had sued

The complaint was filed by the father of a son born out of wedlock in 1998. The common son lives since his birth in the household of the mother, has however regularly contact with his father. Although the complainant acknowledged paternity, the mother refused joint parental care. When the latter intended to move with the child, the complainant applied to the family court for partial withdrawal of the mother's right of custody and transfer of the right of residence to himself. This request had been rejected by the family court of Bad Oeynhausen. Now it must decide again.The European Court of Human Rights (ECHR) had also ruled in its 3. In its opinion of December 2009, the First Senate declared that the fundamental exclusion of a judicial review of sole custody of the mother was not proportionate with regard to the best interests of the child.

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