Lët’z STOP!!! Violation of Children’s Rights in Luxembourg Family Courts | by Luxembourg Parents & Grandparents

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Equal Shared Parenting – Alternating Residence

European Council Resolution 2079 

Lët’z Make Equal Shared Parenting – ”Résidence Alternée” THE DEFAULT LAW in Luxembourg.

Council of Europe Resolution – CE Resolution 2079/15.

FAD – Fathers Against Discrimination asbl “Both Parents for All Children” is reaching out to all people of good-will asking for support. Especially to women of all ages, non-profit organizations, LGBTI, men, fathers and everyone who really cares for gender equality of chance and the well-being of children.

The society and family life in Luxembourg is in distress. With population of a little over 600,000, we are one of the smallest nations in Europe, with one of the most advanced economies and one of the highest population growth. Unfortunately, also with one of the highest divorce rates in the world.

Divorce is a dramatic life change, at the time it happens and then for the rest of the lives for those involved. It leaves a trace and has long-term effect on children when they are eventually adults themselves. The increase in divorce rate indicates galloping social shift presenting serious problem to the society and Luxembourg future in general.

Thousands of children currently under age of 12 will be raised in more broken families than ever before. We must offer legislative changes to assure these kids are to be brought up with support and family values. Among number of different measures to take 50/50 Equal Shared Parenting – Alternating Residence (Résidence Alternée) is a key component protecting the quality of upbringing after separation and divorce.

Children & Parents –

– Full-healthy family and well-being of children

Children are the most precious and the most important elements of our society. They are because they are our future. With the occurring social changes and increase of divorce rate it is our responsibility to create a legal frame that will protect the upbringing of our children.

Parents have eternal rights, duties and responsibilities with regards to their children. This goes equally for both father and mother. Parents are to look after their children but children are not their property. As a matter of fact they are not a property of anyone. They are also not half-people as some adults think. They are just like us adults, only better. They have dreams, needs and feelings.

For a parent and child, being together is an essential part of family life. Their separation has irremediable negative effect on their relationship and the up-bringing of the children. Equality between parents must be guaranteed and promoted from the moment the child arrives.

A child should never be deprived of his natural human right to family life and equal access to both parents. Nor does anyone has the right to decide which of his parents’ love has more value.


– The new Luxembourg signature

We want to be considered as a modern, dynamic and open-minded society, competitive financial center, innovative and environment friendly economy with number of government initiatives such as establishing Luxembourg Space Agency, legalizing cannabis, same sex marriages with adoption of children, building new tram, new football stadium etc.

Yet, we fail in assuring parental and gender equality in Luxembourg institutions.

Decisions of Luxembourg Family Courts assigning children to one of the parents during custody hearings using template approach and without consideration for family life, ignoring gender-parental equality and children’s rights stand in violation of numerous conventions and international legal instruments including:

  1. Article 3(3) of the Treaty on European Union established in 1992 to “combat social exclusion and discrimination, to promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child”.
  2. Article 24 of the Charter of Fundamental Rights of the European Union introduced as part of the Treaty of Lisbon in 2009 “to guarantee the protection of the rights of the child by the EU institutions and by EU countries when implementing EU law”.
  3. The United Nations Convention on the Rights of the Child from 1989. The first universal instrument of a legally binding nature to address the rights of the child. There are currently 193 parties to the Convention including all 28 members of the EU. Although the Convention addresses the civil, political, social, economic and cultural rights of children there are continuous examples of violations of the children’s rights across all EU members states including Luxembourg.
  4. Article 8 of theEuropean Convention on Human Rights ratified by Luxembourg in 1953 providing a right to respect for one’s “private and family life, his home and his correspondence”.

Publications & Studies

– Benefits of Equal Shared Parenting Model After Separation of Parents

Edward KRUK, Ph.D. | When Children Are Taught to HATE the Other Parent | Douglas TODD, Vancouver Sun – Click & Read

Malin BERGSTRÖM, Ph.D. | The Health & Well-Being of Children in Shared Parenting | Tallinn, Estonia – Click & Watch 

Richard A. WARSHAK, Ph.D. | Importance of Shared Parenting after Divorce – Click & Read

Linda NIELSEN, Ph.D. | Joint vs Sole Physical Custody: Outcomes for Children Independent of Family Income or Parental Conflict – Download & Learn 

Edward KRUK, Ph.D. | Research Consensus Statement on Co-Parenting After Divorce – Click & Read

Richard A. WARSHAK, Ph.D. | Stemming the Tide of Misinformation: International Consensus on Shared Parenting and Overnighting – Download & Learn

Linda NIELSEN, Ph.D. | Joint vs Sole Physical Custody: Outcomes for Children Independent of Family Income or Parental Conflict – Download & Learn 

Malin BERGSTRÖM, Ph.D. | Living in Two Homes – Swedish National Survey of Well-Being in 12 and 15 Year Olds with Joint Physical Custody – Read & Learn

Gender equality & Children’s rights –

– Equality of chance at work and home

Luxembourg courts’ gender bias approach during children custody proceedings ignoring Résidence Alternée model is unfair to mothers who are usually left alone with all the responsibilities associated with raising the children. Luxembourg Family Courts’ inconsideration for family life also leads to gender inequality and denies fathers their natural right to look after their children. Finally, Luxembourg Family Courts’ bias rulings violate children’s unquestionable and natural right for equal access to both parents.

50/50 Equal Shared Parenting – Alternating Residence –

– European Council Resolution 2079

It has been over 10 years since the introduction of 50/50 Equal Shared Parenting Law in Belgium. A rule and methodology proven by expert psychologists, tests and empirical studies to be the most effective in protecting children emotional stability and their upbringing during separation and after divorce of the parents.

Many countries of the EU have or are to introduce 50/50 Shared Parenting – Alternating Residence as a rule for children custody hearings. Belgium and other modern societies such as Denmark set example for Luxembourg and the rest of Europe.

In 2015 European Council voted on European Council Resolution 2079 calling all EU member states to introduce 50/50 Shared Parenting – Alternating Residence (Résidence Alternée) as a base for Family Law and a rule. 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 European Council vote, Luxembourg Parliament has still not voted on the Resolution calling for gender-parental equality in Luxembourg institutions.

The reasons behind the non-vote of the Luxembourg Parliament on the European Council Resolution 2079 remain a mystery, especially since the Resolution 2079 was initiated in 2015 by Ms. Françoise HETTO-GAASCH, Luxembourg politician (CSV), former Minister of Equal Opportunities between Woman & Men, past and present member of the Luxembourg Parliament.

FAD – Fathers Against Discrimination a.s.b.l. has corresponded with Ms. HETTO-GAASCH over the course of last years asking whether she as an initiator of the Resolution has ever raised a motion in the Luxembourg Parliament regarding the Resolution and whether she has ever called her colleagues from CSV and the members of the Luxembourg Parliament to vote on the Resolution. We are still waiting for the answer. 

Luxembourg Family Law –

– Article 378-1 of the Luxembourg Civil Code

Family Courts in advanced European societies prove that Resolution 2079 can be introduced in the best interest of the children even if one of the parents refuses to agree to the model.

Judges of the Luxembourg Family Court being a chosen group of individuals when in charge of children custody proceedings decide every day about children’s future and their well-being.  Following the changes in the Luxembourg Civil Code introduced on November 1st, 2018 Luxembourg the judges have a legal instrument in their hands to do the right thing. Article 378-1 of the Luxembourg Civil Code allows immediate introduction of 50/50 Equal Shared Parenting – Alternating Residence but the model is not a rule and rarely introduced in Luxembourg.

We, Luxembourg Parents and Grandparents and members of the Luxembourg society must  urge judges of the Luxembourg Family Court to find courage to STOP implementing outdated doctrine and bias gender-template approach favoring one parent over the other without consideration for the well-being of children. We must encourage them to START introducing 50/50 Equal Shared Parenting – Alternating Residence as a default rule and a starting point for all custody proceedings in Luxembourg.



Courage, Strength & Love

For Jeremi & Oliwier and All the Children finding courage, strength and love when dealing with separation and divorce of their parents.



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