Equal Shared Parenting – Alternating Residence –

In 2015 following a hearing in Council of Europe titled ”Equality and Shared Parental Responsibility: the Rights of Fathers”, the participants stressed the importance of ensuring parental equality both in law and in practice.

The rapporteur of the Committee on Equality and Non-Discrimination Ms. Françoise HETTO-GAASCH (Luxembourg, EPP/CD), raised arguments for “mediation” to be expanded as a means of easing tension between parents, in the best interest of children, who all too often become a pawn in the dealings between their parents.

During the discussion Ms. Françoise HETTO-GAASCH stated that “Mediation allows couples to focus on their relationship as parents after their conjugal relationship has come to an end”.

Prof. Dr. jur. Hildegund SÜNDERHAUF-KRAVETS from the Protestant University of Nuremberg, being one of the experts, further added voiced her opinion that “The model of Sole Custody after separation/divorce is based on an outdated family idéal and in such it is far away from equal parental responsibility. Shared Parenting model means that children spend almost equal time with both parents, who at the same time share legal, educational and practical responsibility.” 

Although for some social groups and ideologues this may come as a revelation, Ms. SÜNDERHAUF-KRAVETS only confirmed results of over 40 years of tests and empirical studies as well as consensus among leading expert psychologists that Shared Parenting is the most effective in protecting children emotional stability and their well-being during separation and after divorce of the parents.

Participants of the Council of Europe hearing agreed that although Shared Parenting may not be for everyone, for the vast majority of separated parents and most importantly their children Shared Parenting is the better alternative than the outdated parenting model with one resident parent and one parent becoming a visitor with every second weekend visiting rights.

Following the hearing and panel discussions in October 2015 Council of Europe voted on Resolution 2079/15 calling all EU member states to introduce Equal Shared Parenting – Alternating Residence as a rule and a base for Family Law.

It is now 2021 and so far, FAD – Fathers Against Discrimination a.s.b.l. has been unable to obtain explanation from the current Luxembourg government why after 5 years from the Council of Europe’s vote, the Luxembourg Parliament has still not voted on the CE Resolution 2079/15 calling for gender-parental equality in Luxembourg institutions.

The reasons behind the non-vote of the Luxembourg Parliament remain  a mystery, especially since the CE Resolution 2079/15 was initiated by Ms. Françoise HETTO-GAASCH, Luxembourg politician (CSV), former Minister of Equal Rights between Woman & Men, past and present member of the Luxembourg Parliament.

Some may argue that changes in the family law in Luxembourg were introduced on 1 November 2018. This is indeed the case but although these alterations presented to the public by the current Luxembourg government as “revolutionary”, the Equal Shared Parenting – Alternating Residence (Résidence Alternée in LU) model is still only an option not a default rule and a starting point and rarely introduced in Luxembourg. The judges of the Luxembourg Family Courts remain immune to the evidence that Equal Shared Parenting is the best option for the children and separated families further expanding suffering of Luxembourg children pulling  Luxembourg behind those nations for which gender equality is a true agenda and not another political marketing tool.

FAD – Fathers Against Discrimination asbl has corresponded with Ms. HETTO-GAASCH over the course of last years asking whether she as an initiator of the CE Resolution 2079/15 has ever raised a motion in the Luxembourg Parliament regarding the Resolution and whether she has ever called her colleagues from CSV and the other members of the Luxembourg Parliament to vote on the Resolution. After all, the well-being of Luxembourg children and the future of the Luxembourg society in general should rise beyond party ranks and colors. It has been over 2 years since our first correspondence and we are still waiting for reply from Ms. HETTO-GAASCH.

“Mir wëlle bleiwe wat mir sinn an mir kënnen e Beispill fir den Rescht vun Europa sinn.” –