A bill to better protect child victims of domestic and sexual violence is presented this Thursday, February 9 to the National Assembly. One of the articles proposes in particular to withdraw parental authority from a violent parent. What the law says ? We take stock.
This Thursday, February 9, a serious and necessary subject concerning the protection of children is on the agenda at the National Assembly. The Socialist MP for Val-de-Marne and Vice-President of the Children’s Rights Delegation, Isabelle Santiago, presents her Law propositionregistered on December 15, 2022, aimed at “better protect and support child victims and co-victims of domestic violence” and sexual. It is made up of two articles, one of which aims to automatically withdraw parental authority “when the parent is sentenced, as perpetrator or co-perpetrator, for rape, or sexual assault, against the person of his child, or for a crime or violence resulting in a total incapacity for work of more than eight days committed on the person of the other parent”. A measure which had also been mentioned by the government in September 2022 against incest and sexual violencefollowing the recommendations made by the Ciivise (Independent Commission on Incest and Sexual Violence Against Children) a few months earlier in March 2022. This time, the MP’s proposal also attacks domestic violence to which children are exposed every day. In France, nearly 400,000 children are co-victims of domestic violenceaccording to a 2019 report by the High Council for Equality between Women and Men.
What does parental authority do?
Parental authority is granted to both parents of a child, or to a third party (subject to the decision of the judge) and serves above all to protect the child until his majority or his emancipation. The legal guardians of the child have duties of protection, education, asset management and upkeep of the child to respect (ensure his safety, feed him, house him, make medical decisions, supervise his relations and his movements).
In which cases is parental authority withdrawn, what does the law say?
Currently and according to the law, parental authority can be withdrawn from a parent if the child is endangered or disinterested, and if the parent is convicted of a crime or offence. Concretely, a judge can decide on the total or partial withdrawal of the authority of a parent if:
- Abuse of the child (abuse, psychological and physical violence)
- Excessive use of alcohol or drugs in front of the child
- Serious acts (violence) witnessed by the child
- Lack of care, emotional and material abandonment
- The parent is the author, co-author or accomplice of a crime committed against the child or the other parent
Who can request the withdrawal of parental authority?
Several people can request the withdrawal of parental authority, including the public prosecutor, a member of the child’s family, the child’s guardian and the child welfare department (Ase).
The request for withdrawal of parental authority is to be made to the court of the defendant’s place of residence. Then, it is up to the family court judge to take up the case and decide whether or not to launch proceedings against the parent concerned by the legal action. The presence of a lawyer is mandatory, and the latter can help to constitute the request for the court. Once the procedure is launched, the judge can launch social investigations and take provisional measures on parental authority.
What happens to the child when parental authority is withdrawn?
When the circumstances so require and in the interest of the child, the exercise of parental authority may be entrusted to a family member, or to a specialized body such as the services of thechild welfare.
When does parental authority end?
In principle, parental authority ends when the child reaches the age of majority, at the age of 18, or as soon as his emancipation is recorded.unless a judge has decided upstream to completely withdraw parental authority from one parent or both parents.
Sources:
Bill No. 658 2nd amended (December 15, 2022)
Dashboard of indicators – Policy to combat domestic violence. High Council for Equality between Women and Men (year 2019)
Exercise of parental authority. Public service (February 2022)