New legislation
The Senate supported a draft amendment to the Civil Code in the initial round to strengthen the protection of children when deciding whether to take them into custody. The draft responds in particular to cases of domestic violence, abuse, addiction or other risks on the part of parents.
The proposal was submitted by a group of 27 senators from across the Senate caucuses. According to the sponsors, the courts should more explicitly take into account the safety of the child and its protection from all forms of violence in custody proceedings. The amendment is also intended to address concerns that in some cases it is too automatically assumed that custody by both parents is always in the best interests of the child, without sufficient assessment of specific risk circumstances.
The draft also provides for the possibility to limit parental responsibility in cases where a parent has committed domestic or sexual violence, other intentional violent crime or suffers from severe substance dependence . The proposal also emphasises the obligation to take into account the views of the child, taking into account his/her age and maturity. However, some senators pointed out that the proposal needed to be refined and better linked to other provisions of the Civil Code and to the forthcoming changes by the Ministry of Justice.
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