unanimous vote of deputies for a withdrawal of parental authority after conviction

The text, carried by the PS deputy Isabelle Santiago, will now have to be studied in the Senate.

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The text aims to protect children. The deputies unanimously adopted, Thursday, February 10, in first reading, a socialist text which plans to withdraw parental authority in the event of conviction for incestuous aggression, crime on the child or on the other parent. “An aggressive or violent parent cannot be a good parent. You have to know who you are protecting”insisted PS MP Isabelle Santiago.

Its text was adopted unanimously (232 votes for, zero against). It will now have to be studied in the Senate. A review that could take place as soon as “March 21st”according to 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 review”.

“In case of withdrawal of the exercise of parental authority, the parent can no longer take part in decisions concerning the life of his child”, detailed the Minister. In the event of withdrawal of parental authority in the proper sense, “he will not even be informed of the major stages of his child’s life”. The discretion left to judges was added in committee to avoid the risk of unconstitutionality.

Suspension of parental authority for prosecuted persons

Isabelle Santiago’s bill also plans to expand another mechanism, this time concerning people prosecuted but not yet convicted. The exercise of parental authority, visitation and accommodation rights, will be suspended until the judge’s decision in the event of proceedings for “incestuous sexual assault or committed crime” on the child.

This suspension would also be decided in the event of “willful violence on the other parent resulting in total incapacity for work for more than eight days, when the child witnessed the facts”. This mechanism currently concerns only people prosecuted for crimes involving the other parent.

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


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