the National Assembly unanimously votes for the withdrawal of parental authority after certain convictions

To further protect minors, the deputies unanimously adopted again, Monday November 13, in the evening, a text to withdraw parental authority or its exercise from a parent in the event of conviction for incestuous aggression, a crime on child or the other parent.

“Thanks to your text, many children who were afraid will be able to find a certain serenity”, greeted the Secretary of State for Children, Charlotte Caubel. The bill from socialist Isabelle Santiago, supported by the government, provides that the judge retains the possibility of departing from this automaticity, but must provide reasons for his decision.

Visitation and accommodation rights concerned

A precaution intended to avoid the risk of the text being struck by unconstitutionality. Its text also intends to provide certain legal levers before the sentencing stage. If a parent is “prosecuted by the public prosecutor, indicted by the investigating judge or convicted even not definitively” For “a crime” on the other parent, for “incestuous sexual assault” or a crime against his child, this time he would see “the exercise of parental authority” suspended, as are his visitation and accommodation rights.

The bill was unanimously adopted in February-March in the National Assembly and then in the Senate, but the upper house reworked the text, sometimes reducing its scope. The deputies took advantage of this new reading to largely restore the initial version in committee, however retaining certain additions from the Senate.

Like an article in favor of parents who benefit from a protection order allowing them to conceal their residence: the proposed law would exempt them from the obligation to inform the other parent of a change of residence . The text must now return to the Senate. If the upper house modifies it again, it should return to the Assembly for a final reading.