Not mandatory – guidelines for dealing with violence in custody established

The aim of the guide is to protect children against all forms of violence, including both physical and psychological violence. Violence against important caregivers, such as the mother, is also perceived as bad. For example, the guidelines, which took two years to develop, explain why joint custody in cases of domestic violence is neither in the best interests of the child nor reasonable for mothers. The assumption that children always have the right to have both parents in a divorce has led to enormous problems with violence, says Andrea Brem, director of the Vienna Women’s Shelter. With shared custody, “the perpetrator still has the opportunity to terrorize the woman and exploit and pressure the children.”

Look at individual cases
Certain principles apply in family law, “but we must make it very clear that in the case of violence, many of these specific principles, which can otherwise be very useful in family law proceedings, are no longer valid,” said Justice Minister Alma. Zadic (Greens). The individual case must be considered carefully. “Every child has the right to grow up without violence.”

Child support should also be given more importance. This is a psychosocially trained counselor with a lot of experience in working with children. With their help, courts should include the ‘voice of the child’ in their decision. The planned reform of the child welfare law will make the involvement of social workers mandatory.

Addressing psychological violence
Another point of the directive is psychological violence. Those affected by domestic violence should be actively questioned about insults or threats, as they often do not consider this important in court, says family judge Christine Miklau. The guide focuses, among other things, on young employees at courts, child protection centers, psychosocial guidance centers, women’s shelters and the police.

The first training courses on the guidelines will take place from February, initially at the Oberlandesgericht Graz. However, both training and policy compliance are mandatory. Negotiations are currently underway on child legislation, which should include custody rules and violence. “It may take some time,” Zadic said.