"50/50 Equal Shared Parenting-Alternating Residence to become default rule in Luxembourg"
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"Mir wëlle bleiwe wat mir sinn an mir kënnen e Beispill fir den Rescht vun Europa sinn." --- "We want to remain what we are and we can be an example for the rest of Europe".
FAD - Fathers Against Discrimination a.s.b.l. "Both Parents for All Children™" is reaching out to everyone asking for support. Especially to women of all ages, non-profit organizations, LGBTI, feminist groups, men, fathers and everyone who really care for equality and the well-being of children.
The society and family life in Luxembourg is in distress. With a population of a little over 600,000, we are one of the smallest nations in Europe but with one of the most advanced economies and with 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 elements and measures to take 50/50 Equal Shared Parenting - Alternating Residence is a key component protecting the quality of upbringing.
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 an increase of divorce rate it is our responsibility to create legal frame to protect our children.
Parents have eternal rights, duties and responsibilities with regard to their children. This goes equally for both father and mother. Parents are to look after their children but children are not a property of neither parent. As a matter of fact they are not a property of anyone. They are 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 effects on their relationship and the up-bringing of the children. Equality between parents must be guaranteed and promoted from the moment the child arrives and no one should be deciding that love of one parent has greater value over the other.
LET'S MAKE IT HAPPEN --- this is the new Luxembourg signature. You can see it all over the country.
We want to be 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, building new tram, new football stadium etc. yet we fail in assuring parental and gender equality in Luxembourg institutions.
Decisions of Luxembourg courts assigning children to one of the parents during custody hearings using template approach and without consideration for family life stand in violation of Article 8 of the European Convention on Human Rights (ETS No. 5) ratified by Luxembourg in 1953.
Luxembourg courts' inconsideration for family life is unfair to women who need their partners in helping them taking care of their children, it is unfair to men who want to have equal rights as parents to look after their children and have active presence in their lives but most importantly ignores children's voice, their fundamental right to freely express themselves as well as unquestionable need for equal access to both parents. This itself violates 1989 Convention on the Rights of the Child ratified by Luxembourg in 1993 as well as numerous international legal instruments.
It has been over 10 years since the introduction of 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 following parents separation and divorce.
Belgium set example for Luxembourg and the rest of Europe but Luxembourg so far ignored successful introduction of the 50/50 Equal Shared Parenting - Alternating Residence in Belgium and continuously accepts gender inequality and fathers' discrimination in Luxembourg courts.
In 2015 European Council voted on Resolution 2079 calling all EU member states to introduce 50/50 Shared Parenting as base for Family Law and a rule for children custody proceedings. So far, FAD has been unable to obtain explanation why after 3 years from the European Council vote Luxembourg Parliament has still not yet voted on the Resolution calling for gender equality in Luxembourg.
Courts in Germany 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. Here is an Article from the Tagesschau.de presenting decision of a German court on introducing 50/50 Equal Shared Parenting - Alternating Residence. This is a break through decision challenging opinion that Equal Shared Parenting model is not possible to be implemented if one of the parents refuses to comply with it.
50/50 EQUAL SHARED PARENTING - ALTERNATING RESIDENCE MODEL MAY NOT RESOLVE EVERY ISSUE PARENTS DEAL WITH DURING AND AFTER DIVORCE BUT IT PROTECTS THE CHILDREN BY REMOVING POSSIBILITY FOR EITHER PARENT TO USE CHILDREN AS AN INSTRUMENT OF BLACKMAIL.
50/50 Equal Shared Parenting - Alternating Residence can and should be introduced in Luxembourg as a default rule in the best interest of the children. Currently the model can be introduced only if both parents agree and this is where the system fails.
FAD - Fathers Against Discrimination a.s.b.l. "Both Parents fo All Children™" is asking for your support to speak up and sign FAD 2018 Petition allowing us to present the signatures to the Luxembourg Government and Luxembourg Parliament with an aim to:
Call all members of the Luxembourg Parliament to vote on the European Council Resolution 2079 and Ministry of Justice Félix BRAZ with the Luxembourg Government led by Prime Minister Xavier BETTEL to introduce changes in the Family Law making 50/50 Equal Shared Parenting - Alternating Residence to be the default rule for custody proceedings in Luxembourg just as is it has been in Belgium since 2006.
Help us do the right thing, support us and protect the children.
Who are we?
FAD – Fathers Against Discrimination a.s.b.l. “Both Parents for All Children™” is a non-profit organization established and based in Luxembourg with offices at 117, route d’Arlon, L-8009 Strassen, Luxembourg and governed by the Law of 21 April 1928 on Non-Profit Organizations and Foundations.
Our organization has been created to become a platform of dialog to promote gender equality of chance for both parents, to stop violation of children’s rights, to assure their well-being, to raise awareness of gender inequality and parental discrimination in Luxembourg courts.
Here are the 12 reasons why FAD has been created:
1. To create a platform of dialog to promote gender equality of chance in all aspects of the Luxembourg society.
2. To address the importance of family values promoting the positive impact a full and healthy family has on the well-being of children.
3. To support the rights of fathers and mothers to equal parenthood and successful professional career.
4. To raise social awareness about the need of fathers’ presence during the upbringing of children.
5. To expose discrimination of fathers and violation of children’s rights in Luxembourg courts.
6. To become educational center providing evidence about the importance and relevance of the 50/50 Equal Shared Parenting – Alternating Residence model (50/50 Résidence alternée) during separation and after divorce.
7. To convince Luxembourg government to recognize European Council Resolution 2079 and introduce 50/50 Equal Shared Parenting – Alternating Residence model (50/50 Résidence alternée) not as an option but a starting point and default rule for all children custody proceedings in Luxembourg.
8. To represent families in distress and assure that the rights of children for freedom of expression under the Article 24 of the Charter of Fundamental Rights of the European Union are not violated in Luxembourg.
9. To assure the rights of fathers for family life in accordance with the European Convention on Human Rights are guaranteed in Luxembourg.
10. To provide guidance to fathers about true meaning of being a father and protect their rights to equal presence in children’s lives during separation and after divorce.
11. To communicate the need for creating a shelter for men, boys and fathers with children, victims of domestic violence seeking help, assistance and asylum. If not possible to create a brand new facility, conversion of one of the 10 existing shelters available only to women, girls and mothers and creating the very 1st shelter for men, boys and fathers in Luxembourg
12. To be the first point of contact between Luxembourg fathers and other fathers’ rights organizations in different jurisdictions.
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