3 Amendments of Tatjana ŽDANOKA related to 2016/0190(CNS)
Amendment 29 #
Proposal for a regulation
Recital 23
Recital 23
(23) Proceedings in matters of parental responsibility under this Regulation as well as return proceedings under the 1980 Hague Convention should respect the child’s right to express his or her views freely, and when assessing the child’s best interests, due weight should be given to those views. The hearing of the child in accordance with Article 24(1) of the Charter of Fundamental Rights of the European Union and Article 12 of the United Nations Convention on the Rights of the Child plays an important role in the application of this Regulation. This Regulation is however not intended to set out how to hear the child, for instance, whether the child is heard by the judge in person or by a specially trained expert reporting to the court afterwards, or whether the child is heard in the courtroom or in another place. The hearing of the child must provide all the guarantees that help preserve the emotional integrity and the best interest of the child and, for this reason, must be attended by professional mediators, psychologists and interpreters. This would also facilitate cooperation between the child's parents and the relationship between them and the child at a later stage.
Amendment 42 #
Proposal for a regulation
Recital 46
Recital 46
(46) An authority of a Member State contemplating a decision on parental responsibility should be entitled to request the communication of information relevant to the protection of the child from the authorities of another Member State if the best interests of the child so require. Depending on the circumstances, this may include information on proceedings and decisions concerning a parent (particularly in cases of gender violence) or siblings of the child, or on the capacity of a parent to care for a child or to have access to the child. The assessment of this capacity should be determined by a professional. The nationality, economic and social situation, cultural and religious background of a parent should never be considered as a determining element when deciding on his/her capacity to care for a child.
Amendment 52 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
The authority shall give due weight to the child's views in accordance with his or her age and maturity and, particularly when the child is above 12 years-old, and clearly document its considerations in the decision.