New family law draft targets domestic violence and custody reform
A new draft bill aims to overhaul family law by strengthening protections against domestic violence. Under the proposals, courts could block abusive parents from seeing their children. The changes also seek to simplify custody rules for unmarried couples and give children more say in parental agreements. The draft bill would allow family courts to deny violent parents access to their children. This move aligns with the Istanbul Convention, which prioritises safety over visitation rights. Currently, many survivors face ongoing abuse when ex-partners use visitation as a means of control.
Separately, the reforms would make joint custody easier for unmarried couples. Parents with shared custody would also gain the right to make everyday decisions without needing the other’s approval. Another key change gives children greater influence in shaping custody and visitation arrangements. However, the Green Party’s legal policy spokesperson, Helge Limburg, criticised the draft. He argued that the measures lack clear legal definitions and fail to impose strong enough judicial limits on visitation. Limburg also warned that broader family law amendments could delay urgent protections for abuse survivors.
If passed, the bill would mark a shift in how family courts handle domestic violence cases. Abusive parents could lose contact with their children, while survivors would gain stronger legal safeguards. The reforms would also streamline custody processes and amplify children’s voices in family disputes.
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