On 27th September the National Ordinance on joint custody has been accepted by the Parliament. The National Ordinance shall enter into force on 1st May 2013.
Core of Joint Custody
During marriage the parents have joint custody of the minor children. From now on (henceforth) the general rule shall be that this remains so after divorce.
Joint custody has as advantage that both parents can better appeal to their sense of responsibility towards the child. Only in cases that joint custody is harmful for the child will the Court charge one of the parents with the sole custody after divorce.
Child born out of wedlock
When it concerns a child born out of wedlock, then the mother has sole custody. The parents may, however, obtain joint custody by having an annotation placed in the custody register at the city hall (civil registry). They must both want that and the father must have acknowledged the child. If the unwed mother does not approve of joint custody, the father can request the Court to institute the joint custody. The Court will reject the request (petition) if joint custody is harmful for the child.
Condition is each time that the father has acknowledged the child. For that he needs the permission of the mother. Should the mother refuse to give permission for acknowledgment, then the father can request the Court for alternative permission. Alternative permission is denied if by the acknowledgment the interests of the child are harmed. Therefore should a father who has not acknowledged the child want to obtain joint custody against the will of the mother, then he shall have to request two permissions from the court: a permission to acknowledge and a permission for joint custody.
Besides, the national ordinance introduces a prohibition for parents, guardians and foster parents to apply spiritual or physical violence in the upbringing (education) or any other humiliating treatment. Child abuse is often disciplinary measures which got out of hand. If the law sets as standard that in the event of disciplinary measures no violence is used, such can maybe do its bit in the combating of child abuse. Also the International Convention with reference to the rights of the child prohibits the application of violence in the upbringing (education).
The Minister of Justice
R. E. Duncan
