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Family disputes can deeply affect children. It is important for parents to shield their children from the negative effects and seek peaceful mediation to resolve disagreements about their children's future. This article discusses the principles of Act N.º 61/2008 and the evolution of family law in Europe and the world. It also explores different parenting models after divorce, including shared residential custody, its critics, advantages, and normative and guidance criteria. The article concludes with a discussion about shared residential custody in Portugal and the importance of promoting children's well-being in post-divorce parenting arrangements.
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SHARED RESIDENTIAL CUSTODY PERMANENT CARE António José Fialho Portugal
CHILDREN ARE NOT PROXIES FOR BATTLES Family disputes can have a devastating impact on children. Parents have the responsibility to sheld their children from the negative effects of family discord. They should seek to mediate peacefully disagreements about their children´s future.
PRINCIPLES OF ACT N.º 61/2008,31st OCTOBER 1.º - Child development necessarily depends on both parents, none of whom will replace the function that fits the other It highlights the need to promote the concerned participation, concerted and an active co-responsibility of both parents for raising children 2.º - Paternal relations are located at a differentiated level from marital relationships There’s a need to ensure stable and deep emotional ties between the child and both parents, despite their separation
EVOLUTION OF FAMILY LAW IN EUROPE AND THE WORLD 1.º - Equality of both parents in the education and care of children 2.º - There’s a need to ensure parenting models that allow the maintenance of relations of close proximity, extensive opportunities for contact between parents and the children and facilitate the share of responsibility between them.
PARENTING MODELS AFTER DIVORCE To minimize the impact of divorce, there must be large periods of coexistence Emotional stability depends on the nature of the affective ties and the opportunities of sharing rather than the changes of physical space Models of shared parenting allows both parents to ensure personal moments of intimacy, dating or simple living, free from the children (“child-free time moments”)
SHARED RESIDENTIAL CUSTODY Singular mode of co-parenting after a family dissociation, characterized by a rotary division and tendentiously joint of the resident times, care and education of children, between father and mother Based on two criteria; - Tendentiously symmetric rotating division of time; - Production of an everiday family and social life with the child
SHARED RESIDENTIAL CUSTODY Characterized by the ability of each parent to live with the child, alternately, at a leap of time wich may be of a school year, one month, two weeks, one week, one part of a week, or an organized distribution on a daly basis, in which, during that time period, the parent has, uniquely, the exercise of parental responsibilities At the end of that period, the roles are reversed
CRITICS • It serves the interests of the parents rather than the children • It is detrimental to the consolidation of the habits, values, and the personality formation pattern • It contradicts the principle of home continuity • It may cause the child emotional and mental instability
ADVANTAGES • It contributes to a greater emotional attachment between the child and both parents since it integrates the household (the child is not seen as "visit“ at the the other parent’s house) • It allows to mitigate the effects of poverty among lone parents and to ensure an equal distribution of times and charges • It allows both parents free time for themselves
FAMILY RESPONSIBILITY Family relationships are defined and unfold within the family State should not rule overlap at their will, much less when the violation of any rule of law or public order is not concerned It concerns to the parents, in the first row, choosing what they want for their children, considering the best they can give, within their abilities and their knowledge
NORMATIVE CRITERIA The child’s best interest The agreement of both parents The willingness of each parent to foster relationships with the other The maintenance of a very close relationship with both parents The encouragement of ample opportunities for contact with both parents and sharing responsability between them
GUIDANCE CRITERIA The child’s best interest The ability to dialogue, understanding and cooperation between both parents A common educational model or consensus on its fundamental guidelines The geographical proximity The child’s will and the child’s age The emotional bond with both parents The availability of parents to maintain direct contact with the child during their residence period Economic and housing conditions of each of them (equivalent or sufficient)
Whatchildren’ssay I live with my parents but I have two houses. My father lives in one house and my mother live in another house … that´s the way my family is. I’ll allways be my parents’ son. They are mine and I belong to them. But they don’t belong to each other … do you know what I mean ? (R., 7 years old)
THE FUTURE The effort to ensure that children have post-divorce parenting arrangements which promote good social and psychological adjustment is an ongoing one,involving dialogue and debate at all levels Our children deserve no less than this
