If someone wants to be registered with the Bar Association of Luxembourg and bear a title of Avocats à la cour, he or she is to take the following oath before the Court of Cassation:
“I swear fidelity to the Grand Duke, obedience to the Constitution and the laws of the State; not to stray from the respect due to the courts; to advise or defend no cause that I will not believe just in my soul and conscience. “
All lawyers as mandated should act in the best interest of their clients and represent their clients equally objectively without prejudice for their gender, race, religion believes or sexual preferences. The rights assured by the Constitution of The Grand Duchy.
Following the most recent changes in the Luxembourg Civil Code introduced on November 1st, 2018, the Article 378-1 offers the option of introducing Equal Shared Parenting – Alternating Residence model after separation, with or without consent of the custodian parent. Still, the model is not a default rule and is rarely introduced in Luxembourg.
Unfortunately, Luxembourg judges in Family Courts in most cases remain immune to the evidence provided by over four decades of empirical studies, scientific conclusions and consensus among internationally recognized psychologists confirming that Equal Shared Parenting – Alternating Residence is the most effective model bringing emotional stability to the children during separation and after divorce of the parents.
Equal Shared Parenting – Alternating Residence can and should be introduced in Luxembourg as a default rule in the best interest of the children. The model may not resolve every issue parents deal with when separating but it protects the children by removing the possibility for either parent to use them as an instrument of blackmail.
If you are a parent, separated from your spouse or divorced, living in Luxembourg, having full parental authority of your children it is possible that your natural rights to raise them can be taken away from you allowing you to see your son or daughter only every 2nd weekend. Should this be the case, to have a chance to recover your parental rights, not to be just a visitor and to end violation of the rights of children for equal access to both parents a proper legal representation will be needed. But not any lawyer, not in Luxembourg. A lawyer will be needed who believes in gender-parental equality of chance and Equal Shared Parenting – Alternating Residence model.
Depending on the strategy chosen there are a few (yes a few) lawyers FAD – Fathers Against Discrimination a.s.b.l. “Both Parents for All Children™” could recommend to work with and a substantial group we would definitely suggest to stay away from. For further information please contact us directly at contact@fad.lu
A child should never be deprived of his natural human right to family life and equal access to both parents. Nor does anyone have the right to decide which of his parents’ love has more value.
Please sign FAD Petition and help Equal Shared Parenting – Alternating Residence become a rule and a starting point for all custody hearings in Luxembourg. We can change things and protect the children.
