2021/2060(INI) | [ParlTrack]

Motion for a resolution
Citation 4

— having regard to the UN Convention on the Rights of the Child, in particular article 35 thereof,

Amendment 10 #

Motion for a resolution
Citation 12 a (new)

— having regard to EU Justice Scoreboard,

Amendment 100 #

Motion for a resolution
Paragraph 8

8. ~~Calls on~~Encourages the Member States to effectively enforce judgments in cross- border family disputes concerning children, especially in cases related to cross-border parental child abductions and decisions related to the recognition of parenthood ~~of same-sex couples~~;

Amendment 101 #

Motion for a resolution
Paragraph 8 a (new)

8a. Calls on the Commission to ensure that all EU Member States recognise the marriages or registered partnerships in another Member State, especially in cases of same sex couples and rainbow families for any cross-border family disputes;

Amendment 102 #

Motion for a resolution
Paragraph 9

9. CPoints out the importance of the exchange of information between national courts in cross-border cases and calls on the Member States to properly implement the new rules and obligations under Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction5 ; urges the Commission to cooperate with the Member States to that effect, to carefully monitor the correct implementation of the regulation, and to respond promptly to any failure to do so; _________________ 5 OJ L 178, 2.7.2019, p. 1.

Amendment 103 #

Motion for a resolution
Paragraph 9 a (new)

9a. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial and other legal responses to child and intimate partner violence, and calls therefore on the Member States to adopt measures to link criminal and civil case of one family in particular, when children are involved, so that discrepancies between judicial and other legal decisions that are harmful to children can be effectively avoided;

Amendment 104 #

Motion for a resolution
Paragraph 10 a (new)

10a. Urges the Member States to ensure that child-friendly information on the legal proceedings at hand is made available in a language that is understood by the child concerned;

Amendment 105 #

Motion for a resolution
Paragraph 10 b (new)

10b. Calls on the Member States to respect the right of children to stay in touch and see their parents despite the restrictive measures linked to the COVID- 19 pandemic, as long as this does not endanger their safety and health;

Amendment 106 #

Motion for a resolution
Paragraph 11

11. Calls on the Commission and the Member States to provide appropriate training on the new rules for central authorities, judges and other legal professionals involved in cross-border disputes, including on the hearing of the child and the possible use of mediation in such cases; emphasises that such training should provide for a sufficient level of knowledge and expertise on cross-border family proceedings;

Amendment 107 #

Motion for a resolution
Paragraph 11 a (new)

11a. Calls on the Commission to provide a guide to good practice on the recast of Brussels IIa Regulation;

Amendment 108 #

Motion for a resolution
Paragraph 11 b (new)

11b. Calls on the Member States to ensure that financial costs of proceedings and additional costs inherent to cross- border cases are not a barrier to accessing justice in cross-border civil, administrative and family cases involving children; calls on the Member States to make the information on the possible legal aid in such cases available and accessible;

Amendment 109 #

Motion for a resolution
Paragraph 12

12. Notes that the United Kingdom no longer participates in cooperation under the Brussels IIa Regulation and Maintenance Regulation; calls on the Commission to urgently assess the ~~need to adopt a bilateral tool~~most appropriate means, including a bilateral tool, to address the existing legal uncertainty between the EU and the United Kingdom in the field of civil, administrative and family proceedings concerning children;

Amendment 11 #

Motion for a resolution
Citation 12 b (new)

— having regard to its resolution of 6 October 2021 on the impact of intimate partner violence and custody rights on women and children,

Amendment 110 #

Motion for a resolution
Paragraph 12 a (new)

12a. Calls on the Commission to identify and implement an instrument or bilateral agreements between the EU and Norway, Iceland and Switzerland regarding the need to comply with this resolution;

Amendment 111 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission, in this regard, to take due consideration of Parliament’s resolution of 2 February 2017 on cross-border aspects of adoptions, and reiterates its call for, including the annex thereto providing for the adoption of a regulation on the cross-border recognition of adoption orders, in order to create a clear legal framework and provide families with the necessary legal certainty for an adoption order legally issued in one Member State to be recognised in another;

Amendment 112 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission and the Council to duly inform and include Parliament in any new or revised legislative proposal in the field of cross- border civil and family law, as such rules directly influence the lives and well-being of ~~EU citizens~~people in the EU and above all children;

Amendment 113 #

Motion for a resolution
Paragraph 15 a (new)

15a. Considers the Hague Convention to be a vital instrument for ensuring the best interest of the child in cases of international child abduction and that having new countries joining this Convention is to be welcomed by the EU. Therefore encourages the Commission to swiftly process with its assessment of the accession of new countries and calls on Member States not to hesitate to accept the accession;

Amendment 114 #

Motion for a resolution
Paragraph 15 a (new)

15a. Calls on the Commission to continue to expand the research and collection of data on the child-friendly justice and best practices in the field in Member States under the EU Justice Scoreboard;

Amendment 115 #

Motion for a resolution
Paragraph 15 a (new)

15a. Encourages the Commission to explore to what extent legislation on cross-border relocation in cases of custody proceedings could be harmonized;

Amendment 116 #

Motion for a resolution
Paragraph 15 b (new)

15b. Calls on the Commission and the Member States to collect data on the cross-border civil disputes involving children like custody, access and parental child abduction cases; calls on the Commission to include those data into the EU Justice Scoreboard;

Amendment 117 #

Motion for a resolution
Paragraph 15 b (new)

15b. Invites the Commission to consider setting up a one-stop-shop pooling expertise and serving as an information exchange platform for proceedings concerning the rights of the child in cross-border civil disputes;

Amendment 118 #

Motion for a resolution
Paragraph 16

16. Calls on the Commission to put forward a new proposal for ~~a regu~~legislation on cross-border mediation, which should establish ~~guideline~~minimum standards for the cross-border procedure, ~~rules on the enforcement of mediated agreements,~~ requirements for the establishment of a European certificate for mediators to ensure the quality of expertise in cross-border cases, and common standards for cross-border mediation contracts; considers that such common standards should ensure respect for the confidentiality rules of each Member State and provide the parties with enough legal information about the concept, limits and consequences of mediation;

Amendment 119 #

Motion for a resolution
Paragraph 16

16. Calls on the Commission to ~~put forward~~consider a new proposal for a regulation on cross-border mediation, accompanied by thorough impact assessment, which should establish guidelines for the cross- border procedure, rules on the recognition and enforcement of mediated agreements, requirements for the establishment of a European certificate for mediators to ensure the quality of expertise in cross- border cases, and common standards for mediation contracts; considers that such common standards should ensure respect for the confidentiality rules of each Member State and provide the parties with enough legal information about the concept, limits and consequences of mediation;

Amendment 12 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Jana TOOM, Karen MELCHIOR, Stéphane SÉJOURNÉ

Motion for a resolution
Recital -A (new)

-A. Whereas an increasing number of children and adolescents come into contact with the judicial system in civil, administrative and family law areas, mainly due to the increase in the number of divorces and separations, but also because of adoption, migration, etc.;

Amendment 120 #

Motion for a resolution
Paragraph 16 a (new)

16a. Calls on the Commission and Member States to continue to support existing networks of mediators in cross- border family disputes;

Amendment 121 #

Motion for a resolution
Paragraph 17

17. Calls on the Member States to establish pre-mediation offices in order to provide parents with all the information they need about the conduct of mediation and its possible costs and benefits and, in particular, how it can improve children’s rights; highlights that some Member States have already established such offices or are seeking to do so;

Amendment 122 #

Motion for a resolution
Paragraph 17

17. Calls on the Member States to establish pre-mediation offices in order to provide parents and children concerned with all the information they need about the conduct of mediation and its possible costs and benefits; highlights that some Member States have already established such offices or are seeking to do so;

Amendment 123 #

Motion for a resolution
Paragraph 17

17. ~~Calls on~~Encourages the Member States to establish pre-mediation offices in order to provide parents with all the information they need about the conduct of mediation and its possible costs and benefits; highlights that some Member States have already established such offices or are seeking to do so;

Amendment 124 #

Motion for a resolution
Paragraph 17 a (new)

17a. Underlines that mediation can be an effective tool used to protect the best interest of the child in cases of cross- border parental child abductions; points out in this regard to the existing good practices and the use of “Mediators in Court Model” in some Member States for resolving cross-border family disputes in amicable, out-of-court way;

Amendment 125 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Jana TOOM, Karen MELCHIOR, Stéphane SÉJOURNÉ

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Member States to ensure that throughout the mediation process children have the possibility to talk to a qualified and independent person that can provide them with child-friendly information and support;

Amendment 126 #

Motion for a resolution
Paragraph 17 a (new)

17a. Calls on the Member States to facilitate access to legal aid for mediation for cases of cross-border family disputes for parents with limited financial means;

Amendment 127 #

Motion for a resolution
Paragraph 18

18. Underlines the need to explore the use of online tools in mediation, including video conferencing, in the case of long- distance disputes or disputes affected by extraordinary circumstances, such as the COVID-19 pandemic;

Amendment 13 #

Motion for a resolution
Recital -A (new)

-A. Whereas all children should be guaranteed non-discriminatory access to justice;

Amendment 14 #

Motion for a resolution
Recital -A a (new)

-Aa. whereas access to justice should include, in particular, access to courts and to alternative methods of dispute resolution;

Amendment 15 #

Motion for a resolution
Recital A

A. whereas children and adolescents have the right to be heard and to express their views in any proceedings concerning their well-being and future life arrangements, regardless of whether the proceedings are organised by a public authority or a private institution;

Amendment 16 #

Motion for a resolution
Recital A

A. whereas children ~~and adolescents~~ have the right to be ~~hear~~informed, consulted and to express their views in any proceedings concerning their well-being and future life arrangements, their views have to be given due weight in accordance with their age and maturity;

Amendment 17 #

Motion for a resolution
Recital A

A. whereas children and adolescents have the right to be heard ~~and~~, to express their views, and to participate in any proceedings concerning their well-being and future life arrangements;

Amendment 18 #

Motion for a resolution
Recital A a (new)

Aa. whereas the European Union is committed to ensuring that every child’s rights are respected, protected and exercised with a view to building a healthier, more resilient, more equitable and fairer society for all;

Amendment 19 #

Motion for a resolution
Recital B

B. whereas participation in court and administrative proceedings should not cause additional trauma or stress for the child and Member States should, therefore, set up multidisciplinary panels in courts or specialised sections to create an environment that does not incite fear in children involved in legal proceedings, in order to minimise the psychological and emotional impact that such circumstances may cause; Whereas multidisciplinary panels should be composed of childcare specialists, in order to accompany the child in the best possible way throughout the entirety of proceedings, in particular the most vulnerable children such as children with disabilities or migrants;

Amendment 2 #

Motion for a resolution
Citation 5 a (new)

— having regard to Council of Europe resolution 2079 (2015) on equality and shared parental responsibility: the role of fathers,

Amendment 20 #

Motion for a resolution
Recital B

B. whereas participation in court and administrative proceedings should take place in a comfortable and child-friendly environment that will not cause additional trauma or stress for the child;

Amendment 21 #

Motion for a resolution
Recital B

B. whereas participation in court and administrative proceedings ~~should~~must not cause additional trauma or stress for the child;

Amendment 22 #

Motion for a resolution
Recital B a (new)

Ba. whereas children in the home and family environment, in a situation where there is conflict between parents, may be victims of ‘witnessed violence’ through experiencing any form of ill treatment carried out through acts of physical, verbal, psychological, sexual and economic violence against reference figures or other affectively significant figures; whereas such violence has very serious consequences for the psychological and emotional development of the child, and whereas it is therefore essential to pay due attention to such types of violence at the hearing of the child in separations and foster care cases, ensuring that the best interests of the child are the primary consideration;

Amendment 23 #

Motion for a resolution
Recital C

C. whereas the Member States are obliged to establish procedural safeguards, guarantees and rules which govern hearings of the child; whereas these provisions differ greatly between the Member States ~~however~~and therefore minimum procedural safeguards should be established at EU level also in civil matters, as already provided for in criminal matters, in particular as regards the way in which children are heard in civil, administrative and cross border family law proceedings;

Amendment 24 #

Motion for a resolution
Recital C

C. whereas the Member States are obliged to establish procedural rules which govern hearings of the child, so as to minimise any distress to them; whereas these provisions differ greatly between the Member States however;

Amendment 25 #

Motion for a resolution
Recital D

D. whereas children have the right to be duly informed in an easy understandable manner in accordance with the age and maturity of the child at every step of the court and administrative proceedings concerning them;

Amendment 26 #

Motion for a resolution
Recital D

D. whereas children have the right to be duly informed, in language they can understand, at every step of the court and administrative proceedings concerning them;

Amendment 27 #

Motion for a resolution
Recital D a (new)

Da. whereas11 out of 27 Member States do not provide access to online targeted information for children about the judicial system;

Amendment 28 #

Motion for a resolution
Recital D b (new)

Db. Whereas migrant, refugee and asylum-seeking children as well as undocumented and unaccompanied children face additional barriers to fully enjoy access to justice, including due to a lack of knowledge of the language and marginalised position;

Amendment 29 #

Motion for a resolution
Recital E

E. whereas in civil, administrative and family law proceedings, and especially in cross-border cases, children have limited possibilities to be represented by a legal professional or counsel;

Amendment 3 #

Motion for a resolution
Citation 9 a (new)

— having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings,

Amendment 30 #

Motion for a resolution
Recital E a (new)

Ea. Whereas experience has shown, for example with the Kindbehartiger in the Netherlands as well as Youth At Risk in Flanders, the positive impact of having a dedicated and independent person of trust that supports and accompanies the child throughout the process of legal proceedings, including in cases of mediation;

Amendment 31 #

Motion for a resolution
Recital E b (new)

Eb. whereas the best interest of the child and access to justice for all children cannot been ensured if their participation in civil, administrative and family law proceedings and the use of accompanying supportive services, is depending on the willingness or financial capability of parents, in particular as the costs of such proceedings and services can be very high;

Amendment 32 #

Motion for a resolution
Recital F

F. whereas courts, administrative bodies and social welfare institutions should make the best interests of the child a primary consideration when taking any decision concerning the child; whereas such decisions should be made on an individual basis, tailored to the age and needs of each child, taking into consideration the specific circumstances of the child and their family and only after the child has been heard;

Amendment 33 #

Motion for a resolution
Recital F

F. whereas courts, administrative bodies and social welfare institutions should make the best interests of the child athe primary consideration when taking any decision concerning the child; whereas such decisions should be made on an individual basis, taking into consideration the specific circumstances of the child and their family;

Amendment 34 #

Motion for a resolution
Recital F a (new)

Fa. whereas the EU and Member States are under the obligation to promote the rights of the child, inter alia by means of child-friendly justice, in the implementation of all actions under the Justice Programme;

Amendment 35 #

G. whereas although substantive civil and family law remains a competence of the Member States, harmonized rules on cross-border civil and family law may be established at EU level;

Amendment 36 #

Motion for a resolution
Recital I a (new)

Ia. whereas Member States, as parties to the United Nations Convention on the Rights of the Child, must hold the best interests of the child as a primary consideration in all public action, including when dealing with cross-border family disputes;

Amendment 37 #

Motion for a resolution
Recital I b (new)

Ib. whereas in some Member States in family disputes having cross-border implications the protection of the best interests of the child is systematically and wrongly interpreted by the competent authorities as the necessity for children to remain on the State's territory, even in cases where abuse and domestic violence have been reported against the parent residing in that State;

Amendment 38 #

Motion for a resolution
Recital J

J. whereas the lack of effective and harmonised procedures for the enforcement of judgements concerning parental responsibility, access rights, parental child abductions or maintenance obligations in cross-border cases is detrimental to the best interests of the child;

Amendment 39 #

Motion for a resolution
Recital J

J. whereas ~~the lack of~~ effective procedures for the enforcement of judgments concerning parental responsibility, access rights, parental child abductions or maintenance obligations in cross-border cases ~~is detrimental to~~are in the best interests of the child;

Amendment 4 #

Motion for a resolution
Citation 9 a (new)

— having regard to Regulation (EU) 2021/693 of the European Parliament and of the Council of 28 April 2021 establishing the Justice Programme and repealing Regulation (EU) No 1382/2013,3a _________________ 3a OJL 156, 5.5.2021, p. 21.

Amendment 40 #

Motion for a resolution
Recital K

K. whereas children involved in cross- border civil and family law disputes should enjoy the same rights and level of protection ~~in all Member States~~, procedural guarantees and minimum standards in order to protect the child in all Member States, as established by the Directive (EU) 2016/800;

Amendment 41 #

Motion for a resolution
Recital K

K. whereas children involved in cross- border civil and family law disputes should enjoy the same rights and level of protection in all Member States, regardless of the nationality of their parents;

Amendment 42 #

Motion for a resolution
Recital K a (new)

Ka. Whereas with increased mobility, the number of children born to families with a cross-border element are also likely to further increase;

Amendment 43 #

Motion for a resolution
Recital L

L. whereas the best interests of the child should always be the primary consideration in all decisions concerning children and whereas every child has a right to know and be cared for by their parents; whereas in the case of separation, every child has a right to maintain personal relations and direct contact with both parents on a regular basis~~, unless it is contrary to the child’s~~; whereas the personal relations and direct contacts of the child with its parents may be restricted only to protect the best interests of the child;

Amendment 44 #

Motion for a resolution
Recital L

L. whereas every child has a right to know and be cared for by their parents; whereas in the case of separation, every child has a right to maintain personal relations and direct contact ~~with both parents on a regular basis, unless it is~~on a regular basis with both parents, as well as with relatives in each parental branch, if the parents are unavailable or, failing that, with a reference figures chosen by him or her, unless the competent authorities determine that this would be contrary to the child’s best interests;

Amendment 45 #

Motion for a resolution
Recital M

M. whereas the lack of common EU rules on the recognition of judgments on parenthood~~, particularly in cases involving same-sex parents,~~ may result in a loss of parental rights, may infringe the right of the child to be raised and maintain a relationship with both parents and any rights deriving from parenthood (such as maintenance or succession), and may also encourage forum shopping in the case of cross-border family disputes; whereas the future legislative proposal in this area will help to reduce the number of administrative and judicial proceedings;

Amendment 46 #

Motion for a resolution
Recital M

M. whereas the lack of common EU rules on the recognition of judgments on parenthood, particularly in cases involving same-sex parents, may result in a loss of parental rights, may infringe the right of the child to be raised and maintain a relationship with both parents and any rights deriving from parenthood (such as maintenance or succession), and may also encourage forum shopping in the case of cross-border family disputes; whereas the future legislative proposal in this area ~~will~~should help to reduce the number of administrative and judicial proceedings;

Amendment 47 #

Motion for a resolution
Recital M a (new)

Ma. Whereas the Hague Convention introduces a system of international cooperation between countries to promptly settle cases of international child abduction. Whereas to date it has been ratified by 101 countries, including all the EU Member States;

Amendment 48 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Jana TOOM, Karen MELCHIOR, Stéphane SÉJOURNÉ

Motion for a resolution
Recital M a (new)

Ma. whereas, despite the efforts to date, the EU does not have sufficient data on judicial proceedings involving children, nor do the specialised courts dealing with them;

Amendment 49 #

Motion for a resolution
Recital N

N. whereas in many cases family mediation has proven to be quicker, cheaper and more child-friendly t~~han court proceeding~~o resolve the dispute than court proceedings and it may help to prevent the future parental child abductions;

Amendment 5 #

Motion for a resolution
Citation 9 b (new)

— having regard to regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values Programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU)No 390/20143b, _________________ 3b OJ L 156, 5.5.2021, p. 1.

Amendment 50 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Jana TOOM, Karen MELCHIOR, Stéphane SÉJOURNÉ

Motion for a resolution
Recital O

O. whereas the use of alternative dispute resolutions should be encouraged, unless it is contrary to the best interests of the child, notably in the case of domestic violence and sexual abuse;

Amendment 51 #

Motion for a resolution
Recital P a (new)

Pa. Whereas in most Member States there is no legal aid available for mediation for parents with limited financial means who would be at the same time eligible for receiving legal aid for legal proceedings;

Amendment 52 #

Motion for a resolution
Recital T

T. whereas cross-border family mediation has the potential to facilitate agreements between parents, where they are nationals of different countries, that serve to uphold the best interests of the child, reducing the emotional and financial burden and legal complexity inherent in judicial proceedings;

Amendment 53 #

Motion for a resolution
Recital T

T. whereas cross-border family mediation is more complex than mediation in domestic family disputes from a legal and logistical perspective and requires additional knowledge and language skills from the mediator as well as the lawyers defending the parents and/or the child;

Amendment 54 #

Motion for a resolution
Recital T a (new)

Ta. whereas the COVID-19 pandemic has exacerbated the difficulties faced by children in judicial systems; whereas, in this context, some judicial proceedings have been suspended or postponed, such as the right to visit family members in prison;

Amendment 55 #

Motion for a resolution
Paragraph 1

1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should be respected and implemented in full and the best interests of the child ~~should be given priority~~are appropriately integrated and consistently applied in every action taken by public institutions, especially in judicial proceedings, which directly and indirectly impact on children;

Amendment 56 #

1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, regardless of whether the proceedings are organised by public authorities or private institutions, the rights of the child should be respected and implemented in full and the best interests of the child should be given priority;

Amendment 57 #

Motion for a resolution
Paragraph 1

1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should be respected and implemented in full and the best interests of the child should be given priority in accordance with Article 24 of the Charter of Fundamental Rights of the EU;

Amendment 58 #

Motion for a resolution
Paragraph 1

1. Underlines that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should be ~~respect~~guaranteed and implemented in full and the best interests of the child should be given the highest priority;

Amendment 59 #

Motion for a resolution
Paragraph 1

1. ~~Underlines~~Calls on Member States to ensure that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child ~~should b~~are respected and implemented in full and the best interests of the child is~~hould be~~ given priority;

Amendment 6 #

Motion for a resolution
Citation 11 a (new)

— having regard to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption,

Amendment 60 #

Motion for a resolution
Paragraph 1

Amendment 61 #

Motion for a resolution
Paragraph 1 a (new)

1a. strongly recommends that the Member States establish multidisciplinary panels in courts or specialised sections composed of support services consisting of trained professionals, such as doctors or psychologists, including professionals qualified in child neuropsychiatry and specialised social workers, as well as prepare appropriate laws, training, procedures and guidelines for all professionals involved in legal proceedings involving children;

Amendment 62 #

Motion for a resolution
Paragraph 1 a (new)

1a. Recalls that access to justice and the right to be heard are fundamental rights and that each child, irrespective of its social, economic or ethnical background, shall be able to fully enjoy these rights in their personal capacity, independent from their parents or legal guardians;

Amendment 63 #

Motion for a resolution
Paragraph 2

2. Calls on the Commission to pre~~sent~~pare, without undue delay, a ~~set of common guidelines or similar non- legislative tool, which should include~~n impact assessment with a view to propose a directive laying down procedural guarantees and minimum standards at EU level, in particular with regard to how to conduct hearings of children in civil, administrative and family law matters, and in the meantime to present a set of common guidelines, codes of conduct, recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted either by a judge or trained expert and that no pressure is applied, including from the parents; stresses that such hearings, in particular in the examination of cases of child custody and foster care in separation and divorce proceedings, as well as in asylum applications, should take place in a child-friendly setting and be appropriate for the age and maturity of the child in terms of language and content, while providing for all guarantees that ensure the emotional integrity and the best interests of the child are respected and ensuring that the competent authority gives due consideration for the child’s views in accordance with their age and maturity;

Amendment 64 #

Motion for a resolution
Paragraph 2

2. Calls on the Commission to present, without undue delay, a set of common guidelines or similar non- legislative tool, which should include recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted ~~either by~~by specialists trained in child interaction, a judge or a trained expert and that no pressure is applied, including from the parents; stresses that such hearings should take place in the child’s home or in a child-friendly setting and be appropriate for the age and maturity of the child in terms of their level of understanding of the language and content, while providing for all guarantees that ensure the emotional integrity and the best interests of the child are respected, avoiding unnecessary stress and ensuring that the competent authority gives due consideration and protection for the child’s views in accordance with their age, ability to understand and maturity;

Amendment 65 #

Motion for a resolution
Paragraph 2

2. Calls on the Commission to present, without undue delay, a set of common guidelines or similar non- legislative tool, which should include recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted either by a judge or by another trained expert, using language that the child can understand, and that no pressure is applied, including from the parents; stresses that such hearings should take place in a child-friendly setting and be appropriate for the age and maturity of the child in terms of language and content, while providing for all guarantees that ensure the emotional integrity and the best interests of the child are respected and ensuring that the competent authority gives due consideration for the child’s views and wishes in accordance with their age and maturity;

Amendment 66 #

Motion for a resolution
Paragraph 2

2. Calls on the Commission to present, without undue delay, a set of common guidelines or similar non- legislative tool, which should include recommendations and best practices for the Member States to follow in order to ensure that the hearing of the child is conducted either by a judge or trained expert and that no pressure is applied, including from the parents; stresses that such hearings should take place in a child-friendly setting and be appropriate for the age ~~and~~, maturity and language skills of the child in terms of language and content, while providing for all guarantees that ensure the emotional integrity and the best interests of the child are respected and ensuring that the competent authority gives due consideration for the child’s views in accordance with their age and maturity;

Amendment 67 #

Motion for a resolution
Paragraph 2 a (new)

2a. stresses that the hearing of the child, especially in cases of suspected domestic or family violence and ‘witnessed violence’, should always be conducted in the presence of qualified professionals, doctors or psychologists, including professionals qualified in child neuropsychiatry, in order to analyse the effect of trust in others on the harmonious development of the child and to avoid deepening their trauma and victimisation;

Amendment 68 #

Motion for a resolution
Paragraph 3

3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process and receive the information in a manner that they can understand fully and correctly, and that the decision given by the authority should be explained to the child in a manner befitting of their age, ability to understand and maturity by a professional specially trained ~~profess~~in child interactional;

Amendment 69 #

Motion for a resolution
Paragraph 3

3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process in language that the child can understand and that the decision given by the authority should be explained to the child in a manner befitting of their age and maturity by a specially trained professional;

Amendment 7 #

Motion for a resolution
Citation 12 a (new)

— having regard to the European Parliament resolution of 6 October 2021on the impact of intimate partner violence and custody rights on women and children,

Amendment 70 #

Motion for a resolution
Paragraph 3

3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process and that the decision given by the authority should be explained to the child in a manner befitting of their age ~~and~~, maturity and language skills by a specially trained professional;

Amendment 71 #

Motion for a resolution
Paragraph 3

3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at anevery stage of the processdure and that the decision given by the authority should be explained to the child in a manner befitting of their age and maturity by a specially trained professional;

Amendment 72 #

Motion for a resolution
Paragraph 3

3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process and ~~tha~~in particular about the decisions given by the authority ~~should be explained to the child~~ in a manner befitting of their age and maturity by a specially trained professional;

Amendment 73 #

Motion for a resolution
Paragraph 3 a (new)

3a. Underlines that one of the reasons for cross-border cases to be legally challenging is the different national terminology, like the differences in minimum age requirements across Member States, which may result in a child being treated differently depending on diverging age criteria, or the different roles of the child´s legal counsel in proceedings involving children; calls therefore on the Commission to identify the respective problems and provide possible solutions to the Member States;

Amendment 74 #

Motion for a resolution
Paragraph 4

4. Calls on the Member States to provide easily accessible, child-friendly information on the rights of the child in civil, administrative and family law proceedings, including online targeted information for children about the judicial system and interactive education on legal rights;

Amendment 75 #

Motion for a resolution
Paragraph 4

4. Calls on the Member States to provide exhaustive, easily accessible, child-friendly information on the rights of the child in civil, administrative and family law proceedings, especially in cross- border cases;

Amendment 76 #

Motion for a resolution
Paragraph 4

4. Calls on the Member States to provide easily accessible, understandable and child-friendly information on the rights of the child in civil, administrative and family law proceedings;

Amendment 77 #

Motion for a resolution
Paragraph 4

4. ~~Calls on~~Encourages the Member States to provide easily accessible, child-friendly information on the rights of the child in civil, administrative and family law proceedings;

Amendment 78 #

Motion for a resolution
Paragraph 4 a (new)

4a. Urges Member States to take action to set up a structure of and organise easily accessible, high-quality, personalised, free and publicly financed legal and other accompanying services both inside and outside the court for all children. Stresses in this context that for each child an individualised approach is to be taken and that particular attention should be given to those children who frequently face discrimination or are in a vulnerable situation, including children with disabilities, children with a migrant background and children living in poverty or being socially excluded;

Amendment 79 #

Motion for a resolution
Paragraph 4 a (new)

4a. Underlines that due to the COVID- 19 pandemic additional challenges concerning the access to justice and delays of proceedings have been caused therefore calls on the Member States to foresee measures that enable access to justice in pandemic times in particular if children are involved in civil, administrative and family law proceedings;

Amendment 8 #

Motion for a resolution
Citation 12 a (new)

— having regard to its resolution of 6 October 2021 on the impact of intimate partner violence and custody rights on women and children,

Amendment 80 #

Motion for a resolution
Paragraph 5

5. Calls on the Member States to enable and facilitate access to free high- quality legal representation for children involved in civil, administrative and family disputes, including in cross-border cases, especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;

Amendment 81 #

Motion for a resolution
Paragraph 5

5. Calls on the Member States to en~~abl~~sure access to high-quality, personalised, free and publicly financed legal representation for children in their personal capacity involved in civil, administrative and family disputes, especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;

Amendment 82 #

Motion for a resolution
Paragraph 5

5. Calls on the Member States to ~~enabl~~guarantee access to high-quality legal representation for children involved in civil, administrative and family disputes, at the expense of the state especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;

Amendment 83 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Jana TOOM, Karen MELCHIOR, Stéphane SÉJOURNÉ

Motion for a resolution
Paragraph 5

5. ~~Calls on~~Encourages the Member States to enable access to high-quality legal representation for children involved in civil, administrative and family disputes, especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;

Amendment 84 #

Motion for a resolution
Paragraph 5

5. Calls on the Member States to enable access to high-quality legal representation for children involved in civil, administrative and family disputes, ~~especially~~in cases when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;

Amendment 85 #

Motion for a resolution
Paragraph 6

6. Calls on the Member States to implement a multidisciplinary approach to ensure meaningful cooperation and provide training on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers and all other relevant actors involved in court and administrative proceedings concerning children. Calls on the Member States to provide training on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers and all other relevant parties involved in court and administrative proceedings concerning children;

Amendment 86 #

6. Calls on the Member States to provide training and exchanges of experiences on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers and all other relevant parties involved in court and administrative proceedings concerning children; calls on the Commission to step up support for such actions, for example via the European Judicial Training Network (EJTN) as well as the CERV and Justice programmes.

Amendment 87 #

Motion for a resolution
Paragraph 6

6. Calls on the Member States to provide mandatory trainings on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers, teachers and nurseries and all other relevant parties involved in court and administrative proceedings concerning children;

Amendment 88 #

Motion for a resolution
Paragraph 6 a (new)

6a. Calls on the Member States to set up or support programmes for providing children with a dedicated and independent person of trust that supports and accompanies them throughout legal proceedings, both inside and outside the court;

Amendment 89 #

Motion for a resolution
Paragraph 6 b (new)

6b. Reiterates its calls on the Member States to ensure that child and family courts function as an essential service, continuing to hold emergency hearings and executing court orders for the care and protection of children who are at an immediate risk of neglect or abuse;

Amendment 9 #

Motion for a resolution
Citation 12 a (new)

— having regard to its resolution of 11 March 2021 on children’s rights in view of the EU Strategy on the rights of the child,

Amendment 90 #

Motion for a resolution
Paragraph 7

7. Calls on the Member States to make sufficient resources available to ensure that civil, administrative and family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice and without undue delay. Recalls that Member States shall make best use of the Justice Programme to finance actions and organisations facilitating effective and non-discriminatory access to justice for all children, and effective remedy, including by electronic means. Further more encourages Member States to financially support organisations working with and for children through the Citizens, Equality, Rights and Values Programme;

Amendment 91 #

Motion for a resolution
Paragraph 7

7. Call on the Member States to make sufficient resources available to ensure that family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice, with appropriate respect for the child’s emotional and physical integrity, and without undue delay;

Amendment 92 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Jana TOOM, Karen MELCHIOR, Stéphane SÉJOURNÉ

Motion for a resolution
Paragraph 7

7. ~~Call on~~Encourages the Member States to make sufficient resources available to ensure that family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice and without undue delay;

Amendment 93 #

Motion for a resolution
Paragraph 7

7. Calls on the Member States to make sufficient resources available to ensure that family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice and without undue delay;

Amendment 94 #

Adrián VÁZQUEZ LÁZARA, Javier NART, Jana TOOM, Karen MELCHIOR, Stéphane SÉJOURNÉ

Motion for a resolution
Paragraph 7 a (new)

7a. Calls on the Commission to encourage existing networks and platforms of legal professionals to exchange good practices on the hearing of the child, the child right to information and the right to privacy across the EU; encourages European Judicial Training Network to provide for such a forum for judges involved in cross-border family disputes;

Amendment 95 #

Motion for a resolution
Paragraph 7 a (new)

7a. Calls on the Member States to establish appropriate mechanisms and procedures for complaints, remedy or redress in order to fully realize that the rights of the child are appropriately integrated in judicial proceedings that have a direct or indirect impact on the child;

Amendment 96 #

Motion for a resolution
Paragraph 7 b (new)

7b. Calls on the Member States to protect the best interests of the child in cross-border family proceedings, including by ensuring that laws and procedures do not discriminate between the parents on the basis of their nationality, country of residence or otherwise, and by refusing to consider that the best interest of the child is to remain within a particular Member State’s territory regardless of other factors such as his safety or his right to maintain personal relations and direct contact with both parents on a regular basis;

Amendment 97 #

Motion for a resolution
Paragraph 7 a (new)

7a. Urges Member States to respect the right of each child to maintain contact with each parent, irrespective of their family constitution or biological kinship;

Amendment 98 #

Motion for a resolution
Paragraph 8

8. Calls on the Member States to effectively enforce judgments in cross- border family disputes concerning children, especially in cases related to cross-border parental child abductions a~~nd decisions related to the recognition of parenthood of same-sex couples~~s well as in cases of separation, divorce, adoption, asylum application and decisions related to the recognition of parenthood of same-sex couples always taking into account the best interests of the child in line with Article 24 of the Charter of Fundamental Rights of the EU and Article 35 of the UN Convention on the Rights of the child;

Amendment 99 #

Motion for a resolution
Paragraph 8

source: 700.454

2021/12/09 PETI 54 amendments...

Amendment 1 #

Draft opinion
Paragraph 1

1. Highlights the fact that the Committee on Petitions receives a large number of petitions concerning the need to hear children in court proceedings, the need for cooperation between Member States in cross-border child-related cases, the ~~controversial role of the German Youth Welfare Office (Jugendamt) and other~~role of the youth welfare agencies in the Member States, child custody disputes between parents from different Member States, domestic violence, and the promotion of professional and quality mediation by Member States;

Amendment 10 #

Draft opinion
Paragraph 4

4. Deplores the fact that language barriers frequently become obstacles to the healthy exercise of parental rights in the interests of the child and to the child’s full enjoyment of their own rights;deleted

Amendment 11 #

Draft opinion
Paragraph 4 a (new)

4a. Highlights that a special consideration should be given to vulnerable children, such as disabled, in exile or unaccompanied children, who face additional barriers that prevent them from fully benefiting from access to justice;

Amendment 12 #

Draft opinion
Paragraph 5

5. Recommends th~~e establishment of minimum standard~~at the Commission provide guidance to Member States on best practices for ~~the~~ hearings of a children in national civil proceedings in accordance with Article 24 of the Charter of Fundamental Rights;

Amendment 13 #

Draft opinion
Paragraph 5

5. ~~Recommends the~~Considers the possibility of establish~~ment of~~ing minimum standards for the hearing of a child in national civil proceedings in accordance with Article 24 of the Charter of Fundamental Rights;

Amendment 14 #

Draft opinion
Paragraph 5 a (new)

5a. Considers that non-discriminatory access to justice should be guaranteed to all children, regardless of their social and economic background or origin, and independently of their parents or legal guardians;

Amendment 15 #

Draft opinion
Paragraph 6

6. Recalls that the authorities of the Member States must ensure that a child is ~~given the genuine~~provided the real and effective opportunity to express ~~their~~his own views freely during proceedings and that ~~due weight is given to the child’s views~~his views will be taken into account in accordance with ~~their~~his age and maturity;

Amendment 16 #

Draft opinion
Paragraph 6

6. Recalls that the authorities of the Member States must ensure that a child is given the genuine and effective opportunity to participate and express their own views freely during any legal proceedings a~~nd that due weight is given to the child’s views in accordance with their age and maturity~~ffecting them ; this should apply unconditionally, whether in a cross- border dispute, in divorce proceedings, in family reunification or in the examination of an asylum application;

Amendment 17 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 6

6. Recalls that the authorities of the Member States must ensure that a child is given the genuine and effective opportunity to express their own views freely during proceedings and that due weight is given to the child’s views in accordance with their age and maturity while at the same time taking appropriate measures to respect the child’s emotional and physical integrity;

Amendment 18 #

Draft opinion
Paragraph 6

6. Recalls that the authorities of the Member States must ensure that a child is given the genuine and effective opportunity to express their own views freely during proceedings ~~and~~, that due weight is given to the child’s views in accordance with their age and maturity, and for their views to be taken seriously;

Amendment 19 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 7

7. ~~Welcom~~Notes the Commission’s publication of the EU policy framework to ensure the protection of the rights of the child1 , in particular the fourth pillar entitled ‘child-friendly justice: an EU where the justice system upholds the rights and needs of children’ in accordance with the applicable national legislation; _________________ 1 Commission communication of 24 March 2021 on an EU strategy on the rights of the child (COM(2021)0142).

Amendment 2 #

Ulrike MÜLLER

Draft opinion
Paragraph 1

1. Highlights the fact that the Committee on Petitions receives a large number of petitions concerning the need to hear children in court proceedings, the need for cooperation between Member States in cross-border child-related cases, the ~~controversial role of the German Youth Welfare Office (Jugendamt) and other~~role of youth welfare agencies in the Member States, child custody disputes between parents from different Member States, domestic violence, and the promotion of professional and quality mediation by Member States;

Amendment 20 #

Draft opinion
Paragraph 7 – point 1 (new)

(1) Stresses the obligation, as provided for in the Brussels IIa Regulation, for national authorities to recognise and enforce judgements delivered in another Member State in child-related cases;

Amendment 21 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 7 – point 2 (new)

(2) underlines the importance of providing an adequate support for children before, during and after each hearing;

Amendment 22 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 7 – point 3 (new)

(3) calls on EU Member States to ensure that all professionals in contact with children are trained to inform children appropriately and explain all elements of proceeding in a child-friendly manner, which will help children to make informed decisions about their involvement in the judicial proceedings;

Amendment 23 #

Draft opinion
Paragraph 8

Amendment 24 #

Draft opinion
Paragraph 8

8. Stresses the need for justice professionals to be given specific training on the rights of the child and child-friendly justice in line with the European judicial training strategy for 2021-2024 and under the European Judicial Training Network (EJTN), the Justice Programme, the Citizens, Equality, Rights and Values Programme, and the European Training Platform of the European e-Justice Portal; calls on the Commission to encourage existing networks and platforms of legal professionals to exchange good practices on the hearing of the child, the child's right to information and the right to privacy across the EU;

Amendment 25 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 8

8. Stresses the need for justice professionals, including lawyers representing children, to be given specific training on the rights of the child and child- friendly justice in line with the European judicial training strategy for 2021-2024 and under the European Judicial Training Network (EJTN), the Justice Programme, the Citizens, Equality, Rights and Values Programme, and the European Training Platform of the European e-Justice Portal;

Amendment 26 #

Draft opinion
Paragraph 8 – point 1 (new)

(1) underlines that judicial proceedings have a considerable impact on the lives of minors and the absence of a child-friendly response can result in restrictions or violation of their fundamental rights; stresses that when the national judicial systems lack child- friendly procedures and practices, the most vulnerable children, such as children with disabilities face particular barriers in the enjoyment of their rights;

Amendment 27 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 8 – point 2 (new)

(2) Calls on EU Member States to ensure that only trained professionals carry out child hearings and that training on child hearings is mandatory and continuous for professionals;

Amendment 28 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 8 – point 3 (new)

(3) stresses that professionals hearing children need to be specifically trained in appropriate questioning techniques, in line with existing guidelines on hearing children, and on the relevant legal basis;

Amendment 29 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 8 – point 4 (new)

(4) calls on the Commission and EU Member States to provide sufficient allocation of funds in order to meet children’s needs in all types of judicial proceedings and to make support services available;

Amendment 3 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 1 – point 1 (new)

(1) Underlines that problems concerning the German family law system, including the controversial role of the Jugendamt, denounced through petitions by non-German parents, still remain unsolved;

Amendment 30 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 8 – point 5 (new)

(5) stresses the importance of promoting trainings and coordination among professionals and sharing best practices between the Member States;

Amendment 31 #

Draft opinion
Paragraph 8 a (new)

8a. Reaffirms the need for Member States to train child experts and professionals to accompany them throughout the judicial proceedings;

Amendment 32 #

Draft opinion
Paragraph 9

9. Points out the that greater mobility within the EU has led to an increasing number of cross-border child protection issues involving custody removal and notes that cross-border proceedings are more complex from a legal perspective and usually more time-consuming and expensive; considers that in the light of Article 81 of the Treaty on the Functioning of the European Union the Commission must play an active role in ensuring fair and consistent non- discriminatory practices in the treatment of cross-border child custody cases throughout the Union;

Amendment 33 #

Draft opinion
Paragraph 9

9. Points out the that greater mobility within the EU has led to an increasing number of cross-border child protection issues involving custody removal and notes that cross-border proceedings are more complex from a legal perspective and usually more time-consuming and expensive; considers that in the light of Article 81 of the Treaty on the Functioning of the European Union the Commission ~~must~~could play a~~n active~~ role in ensuring fair and consistent non-discriminatory practices in the treatment of cross-border child custody cases throughout the Union in compliance with the applicable national laws;

Amendment 34 #

Draft opinion
Paragraph 10

10. Underlines that the exercise of a fundamental right such as freedom of movement and freedom of residence should not pose a ~~greater~~ threat to the child’s rights, that children involved in cross- border civil and family law disputes should enjoy the same rights and level of protection in all Member States, and that children whose parents exercise their right to freedom of movement have the right to maintain a personal relationship and direct contact with their parents on a regular basis, unless it is contrary to the best interests of the child or there is no legal basis in the national legislation to grant such rights;

Amendment 35 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 10

10. Underlines that the exercise of a fundamental right such as freedom of movement and freedom of residence ~~should~~must not ~~pos~~be a greater threat to the child’s rights, that children involved in cross-border civil and family law disputes should enjoy the same rights and level of protection in all Member States, regardless of the nationality of their parents, and that children whose parents exercise their right to freedom of movement have the right to maintain a personal relationship and direct contact with their parents on a regular basis, unless it is contrary to the best interests of the child;

Amendment 36 #

Francesca DONATO

Draft opinion
Paragraph 10

10. Underlines that the exercise of a fundamental right such as freedom of movement and freedom of residence should not pose a greater threat to the child’s rights, that children involved in cross-border civil and family law disputes should enjoy the same rights and level of protection in all Member States, and that children whose parents exercise their right to freedom of movement have the right to maintain a personal relationship and direct contact with their parents on a regular basis~~, unless it is contrary to the best interests of the child~~;

Amendment 37 #

Draft opinion
Paragraph 10 – point 1 (new)

(1) Points to the long standing work of the Committee on Petitions on the treatment of petitions concerning the role of the Jugendamt; underlines that the Committee on Petitions continuously receives petitions concerning alleged discrimination against the non-German parent;

Amendment 38 #

10a. Points out that although substantive civil law and family law are primarily the responsibility of the Member States, harmonised rules on cross-border civil and family law should be established at EU level; this is particularly important in the case of rainbow families, as in the borderless Schengen area the definition of family members affects freedom of movement and constitutes an obstacle to family reunification;

Amendment 39 #

Draft opinion
Paragraph 11

11. Stresses that the lack of effective procedures for the enforcement of judgments in cross-border cases is detrimental to the best interests of the child; recalls the need to improve mutual judicial and administrative cooperation between Member State authorities, without prejudice to the applicable national legislation, in order to ensure mutual trust in matters concerning the recognition and enforcement of decisions and judgments adopted in family disputes with cross- border aspects involving children;

Amendment 4 #

Draft opinion
Paragraph 2

2. Notes that while the Member States are obliged to establish procedural rules which govern the hearing of a child in different proceedings, these provisions differ and may vary greatly between the Member States;

Amendment 40 #

Ulrike MÜLLER

Draft opinion
Paragraph 12

12. Notes that a large number of petitions indicate problems with the German family law system, including the controversial role of the Jugendamt, which have been denounced in a number of unresolved petitions by non-German parents; underlines that the Committee on Petitions continuously receives petitions by non-German parents reporting serious cases of discrimination as a result of the procedures and practices of the competent German authorities in cross-border family disputes involving children; calls on the Commission and the Member States to take account of Parliament’s recommendations in its resolution of 29 November 2018 on the role of the Jugendamt in cross-border family disputes2; _________________ 2 OJ C 363, 28.10.2020, p. 107.deleted

Amendment 41 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 12

Amendment 42 #

Draft opinion
Paragraph 12 – point 1 (new)

(1) Insists on the importance of Member States collecting statistical data on the administrative and judicial proceedings concerning child custody and involving foreign parents;

Amendment 43 #

Draft opinion
Paragraph 13

13. Notes that in some Member States same-sex couples with children are frequently denied recognition of their legal parental status when crossing borders, which hinders the best interests of the child in legal proceedings; calls on the Commission and the Member States to rectify this discriminatory situation and to remove the obstacles faced by same-sex couples when exercising their procedural rights in family disputes with cross-border aspects involving children;deleted

Amendment 44 #

Draft opinion
Paragraph 13

13. Notes that in some Member States same-sex couples with children are frequently denied recognition of their legal parental status when crossing borders~~, which hinders the best interests of the child in legal proceedings; calls on the Commiss~~; underlines that these Member States base these decisions on their constitutions and the Member States to rectify this discriminatory situation and to remove the obstacles faced by same-sex couples when exercising their procedural rights in family disputes with cross-border aspects involving childrenin accordance with the principle of subsidiarity as set out in Article 5 TEU; recalls that family law is a matter within the competences of the Member States and therefore same-sex couples when exercising their procedural rights in family disputes with cross-border aspects involving children should respect the national legal provision without labelling them as discriminatory or contrary to the rights and the interests of the child;

Amendment 45 #

Draft opinion
Paragraph 13

Amendment 46 #

Stefania ZAMBELLI, Gianna GANCIA

Draft opinion
Paragraph 14

14. Invites the Member States to consider designateing specialised chambers within ~~family~~ courts or ~~cross-border~~ pre-mediation ~~bodi~~offices to deal with cross-border child- related cases; stresses that it is pivotal to properly monitor the post-judgment situation as far as contact with the parents is concerned, especially when the parties are different nationalities and/or reside in different countries;

Amendment 47 #

Draft opinion
Paragraph 14 a (new)

14a. Calls upon the Member States to pay greater attention to protecting children with disabilities, by safeguarding their mental and physical welfare during court cases; in this regard, calls for the removal of all obstacles that might cause discrimination and inequality due to a child’s disability;

Amendment 48 #

Draft opinion
Paragraph 15

15. Calls on the Member States to guarantee ~~regular~~that visitation ~~rights for parents unless it is detrimental to~~or custody rights are in line with the best interests of the child, and to allow parents to use their mother tongue with their children during visits, in accordance with the national laws of the Member States concerned;

Amendment 49 #

Francesca DONATO

Draft opinion
Paragraph 15

15. Calls on the Member States to guarantee regular visitation rights for parents ~~unless it is detrimental to the best interests of the child,~~ and to allow parents to use their mother tongue with their children during visits;

Amendment 5 #

Draft opinion
Paragraph 3

3. Insists that courts, administrative bodies and social welfare institutions should always make the best interests of the child a primary consideration when taking any decision concerning the child; stresses that such decisions should be made on an individual basis, taking into consideration the specific circumstances of the child and their family ~~and avoiding conscious or unconscious bias~~;

Amendment 50 #

Draft opinion
Paragraph 15 a (new)

15a. Reiterates its call for increased international cooperation amongst Member States and with third countries, in particular Japan, so as to implement all international legislation concerning child protection with the aim of protecting children from the harmful effects of parental child abduction;

Amendment 51 #

Alex AGIUS SALIBA, Demetris PAPADAKIS, Sylvie GUILLAUME, Cristina MAESTRE, Ibán GARCÍA DEL BLANCO

Draft opinion
Paragraph 17

17. Recognises the important role that family mediation can play in resolving family disputes, including by providing a more child-friendly alternative to court proceedings; underlines that mediation in family matters should be organised on a voluntary basis and that if parties do agree to engage in mediation, the authorities of the Member State of jurisdiction should ensure access to mediation services;

Amendment 52 #

Draft opinion
Paragraph 18 – point 1 (new)

(1) Emphasises the importance of a close cooperation and efficient communication between the different national and local authorities;

Amendment 53 #

Draft opinion
Paragraph 19

19. Deplores the absence of an EU or international legal framework to facilitate the recognition and enforcement of mediated agreements; ~~highlights that this is causing uncertainty because the different subjects covered by the agreements usually fall withi~~calls on the Commission theo sub~~stantive scope of different EU and international instruments and are therefore subject to different rules of recognition and enforcement~~mit a proposal on cross-border mediation;

Amendment 54 #

Stefania ZAMBELLI, Gianna GANCIA

Draft opinion
Paragraph 20 a (new)

20a. Calls on the Member States to facilitate access to legal aid for mediation in cases of cross-border family disputes for parents with limited financial means;

Amendment 6 #

Draft opinion
Paragraph 3

3. Insists that courts, administrative bodies and social welfare institutions should make the best interests of the child a primary consideration when taking any decision concerning the child; stresses that such decisions should be made on an individual basis, taking into consideration the specific circumstances of the child and their family and avoiding conscious or unconscious bias. In this regard, especially in emergency custody proceedings, notes that it is essential that declarations made by the child to the competent institutions be carefully examined so that measures taken on the basis of them can have a really positive effect;

Amendment 7 #

Francesca DONATO

Draft opinion
Paragraph 3

3. Insists that courts, administrative bodies and social welfare institutions should make the best interests of the child a primary consideration when taking any decision concerning the child; stresses that such decisions should be made on an individual basis, taking into consideration the specific circumstances of the child and their family and avoiding conscious or unconscious bias, and also giving due consideration to any conflicts of interest of those applying for or holding custody;

Amendment 8 #

Stefania ZAMBELLI, Gianna GANCIA

Draft opinion
Paragraph 3 a (new)

3a. Deplores all cases, including some reported very recently, of children and their declarations being manipulated to achieve aims that are absolutely contrary to the objective of protecting the child’s mental and physical welfare; therefore calls for greater attention to be paid to these very regrettable occurrences, to prevent them from being repeated;

Amendment 9 #