National Assembly votes unanimously for withdrawal of parental authority in event of conviction

This withdrawal will be left to the assessment of the judge. In the event of prosecution for “incestuous sexual assault or crime committed” on the child, the exercise of parental authority will be suspended until the judge’s decision.

mo12345lemonde with AFP

The deputies unanimously adopted Thursday, February 9, at first instance a socialist text which plans to withdraw parental authority or its exercise in the event of a condemnation for incestuous aggression, crime on the child or the other parent , unless the judge’s other decision.

“A aggressor or violent parent cannot be a good parent. You have to know who we protect it,” insisted at the opening of the Member of the Socialist Party (PS) Isabelle Santiago. His text was adopted unanimously (232 votes for, zero against). He must now be studied in the Senate.

An examination which could take place from “March 21”, according to the Keeper of the Seals, Éric Dupond-Moretti, favorable to the text, and who announced from his first speech that “the government had seized the Senate for a Quick exam “.

“A child dies every 5 days of intra -family violence, according to a report made by several inspections in 2018 (…) when the child is witness or victim of violence, he is in danger and justice must act quickly and effectively To protect it, “said the minister.

“In the event of withdrawal from the exercise of parental authority, the parent can no longer take part in decisions concerning the life of his child,” he still detailed. In the event of withdrawal from parental authority in the literal sense, “he will no longer be informed of the main stages of his child’s life”.

The appreciation power left to the judges was added to the committee to avoid a risk of unconstitutionality. In its initial version, the bill of M ^{me santiago provided for the automatic and total withdrawal of parental authority and its exercise in the event of a conviction for incestuous aggression, crime on the child or the ‘Another parent. It was directly inspired by the recommendations of the independent commission on incest and sexual violence against children (CIIVISE). The automatic nature has been deleted to make way for the possibility of withdrawal from parental authority or its exercise on “express decision” of the judge.}

Isabelle Santiago’s bill, however, plans to expand another mechanism, which this time concerned the persons prosecuted but not yet condemned. The exercise of parental authority, visit and accommodation rights will be suspended until the judge’s decision or a possible decision to dismiss the investigating judge, in the event of prosecution for “incestuous sexual assault or Crime committed “on the child.

This suspension would also be automatically in the event of “voluntary violence on the other parent who led to a total incapacity for work for more than eight days, when the child attended the facts”. This mechanism concerns to date only people pursued for crime on the other parent.

The deputies also introduced into the text a “forced delegation for the exercise of parental authority in the event of prosecution” against a parent if “is the only holder of the exercise of parental authority” .

At the very end of the session, the deputies adopted unanimously (145 votes for, zero against) another bill, the deputy Cécile Untermaier, to promote the delivery of protective orders and extend the maximum duration of six to twelve months.

The text was supported by the Keeper of the Seals, who however called to refine the drafting “during the parliamentary shuttle”, to avoid any risk of unconstitutionality.