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Justice Minister plans new divorce and custody laws
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Justice Minister plans new divorce and custody laws

09.10.2014 From our online archive
Justice Minister Félix Braz is planning to introduce a package of three bills in parliament next year, addressing the foundation of a family court, as well as new divorce and custody laws.

(CS/mig) Justice Minister Félix Braz is planning to introduce a package of three bills in parliament next year, addressing the foundation of a family court, as well as new divorce and custody laws.

The minister on Wednesday presented his plans to a parliamentary justice commission. While some draft-bills from the previous government address related issues, Braz has decided to start fresh, a move criticised by the CSV, which said that especially in regards to custody arrangements quick action is needed.

The CSV has called for speedy changes especially to the so-called “droit de la filiation”, which affects unmarried couples. In case of a separation, custody is automatically awarded to the mother, with the father having no legal rights to the children.

CSV MP Laurent Mosar commented that this law violates constitutional rights, adding that he introduced a draft law to solve the issue in 2004, with no further action taken since.

Braz commented that the “filiation” issue will be resolved in a law separate from the package proposed for 2015 by the minister. The aim will be to resolve the differentiation between legitimate children and children born to unmarried couples altogether.

Chairwoman of the commission Viviane Loschetter meanwhile said that Braz's plans made sense. While admitting that the topic is sensitive, she added that the fact that no changes were made all these years showed that the project was not a political priority under the previous government.