24 Amendments of Pascal ARIMONT related to 2021/2060(INI)
Amendment 2 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to Council of Europe resolution 2079 (2015) on equality and shared parental responsibility: the role of fathers,
Amendment 8 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to its resolution of 6 October 2021 on the impact of intimate partner violence and custody rights on women and children,
Amendment 16 #
Motion for a resolution
Recital A
Recital A
A. whereas children and adolescents have the right to be hearinformed, consulted and to express their views in any proceedings concerning their well-being and future life arrangements, their views have to be given due weight in accordance with their age and maturity;
Amendment 25 #
Motion for a resolution
Recital D
Recital D
D. whereas children have the right to be duly informed in an easy understandable manner in accordance with the age and maturity of the child at every step of the court and administrative proceedings concerning them;
Amendment 35 #
G. whereas although substantive civil and family law remains a competence of the Member States, harmonized rules on cross-border civil and family law may be established at EU level;
Amendment 39 #
Motion for a resolution
Recital J
Recital J
J. whereas the lack of effective procedures for the enforcement of judgments concerning parental responsibility, access rights, parental child abductions or maintenance obligations in cross-border cases is detrimental toare in the best interests of the child;
Amendment 46 #
Motion for a resolution
Recital M
Recital M
M. whereas the lack of common EU rules on the recognition of judgments on parenthood, particularly in cases involving same-sex parents, may result in a loss of parental rights, may infringe the right of the child to be raised and maintain a relationship with both parents and any rights deriving from parenthood (such as maintenance or succession), and may also encourage forum shopping in the case of cross-border family disputes; whereas the future legislative proposal in this area willshould help to reduce the number of administrative and judicial proceedings;
Amendment 50 #
Motion for a resolution
Recital O
Recital O
O. whereas the use of alternative dispute resolutions should be encouraged, unless it is contrary to the best interests of the child, notably in the case of domestic violence and sexual abuse;
Amendment 53 #
Motion for a resolution
Recital T
Recital T
T. whereas cross-border family mediation is more complex than mediation in domestic family disputes from a legal and logistical perspective and requires additional knowledge and language skills from the mediator as well as the lawyers defending the parents and/or the child;
Amendment 59 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. UnderlinesCalls on Member States to ensure that in all proceedings concerning the child’s well-being and future life arrangements, the rights of the child should bare respected and implemented in full and the best interests of the child ishould be given priority;
Amendment 72 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that such guidelines or similar non-legislative tool must clearly state that a child involved in civil, administrative or family law proceedings should be informed at any stage of the process and thain particular about the decisions given by the authority should be explained to the child in a manner befitting of their age and maturity by a specially trained professional;
Amendment 73 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that one of the reasons for cross-border cases to be legally challenging is the different national terminology, like the differences in minimum age requirements across Member States, which may result in a child being treated differently depending on diverging age criteria, or the different roles of the child´s legal counsel in proceedings involving children; calls therefore on the Commission to identify the respective problems and provide possible solutions to the Member States;
Amendment 77 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls onEncourages the Member States to provide easily accessible, child-friendly information on the rights of the child in civil, administrative and family law proceedings;
Amendment 79 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that due to the COVID- 19 pandemic additional challenges concerning the access to justice and delays of proceedings have been caused therefore calls on the Member States to foresee measures that enable access to justice in pandemic times in particular if children are involved in civil, administrative and family law proceedings;
Amendment 83 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls onEncourages the Member States to enable access to high-quality legal representation for children involved in civil, administrative and family disputes, especially when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;
Amendment 87 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to provide mandatory trainings on the rights and specific needs of the child for judges, other legal professionals, enforcement authorities, social workers, teachers and nurseries and all other relevant parties involved in court and administrative proceedings concerning children;
Amendment 92 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Call onEncourages the Member States to make sufficient resources available to ensure that family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice and without undue delay;
Amendment 100 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls onEncourages the Member States to effectively enforce judgments in cross- border family disputes concerning children, especially in cases related to cross-border parental child abductions and decisions related to the recognition of parenthood of same-sex couples;
Amendment 102 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. CPoints out the importance of the exchange of information between national courts in cross-border cases and calls on the Member States to properly implement the new rules and obligations under Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction5 ; urges the Commission to cooperate with the Member States to that effect, to carefully monitor the correct implementation of the regulation, and to respond promptly to any failure to do so; _________________ 5 OJ L 178, 2.7.2019, p. 1.
Amendment 103 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the need to recognise the interconnectedness of criminal, civil and other legal proceedings in order to coordinate the judicial and other legal responses to child and intimate partner violence, and calls therefore on the Member States to adopt measures to link criminal and civil case of one family in particular, when children are involved, so that discrepancies between judicial and other legal decisions that are harmful to children can be effectively avoided;
Amendment 115 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages the Commission to explore to what extent legislation on cross-border relocation in cases of custody proceedings could be harmonized;
Amendment 117 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Invites the Commission to consider setting up a one-stop-shop pooling expertise and serving as an information exchange platform for proceedings concerning the rights of the child in cross-border civil disputes;
Amendment 119 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to put forwardconsider a new proposal for a regulation on cross-border mediation, accompanied by thorough impact assessment, which should establish guidelines for the cross- border procedure, rules on the recognition and enforcement of mediated agreements, requirements for the establishment of a European certificate for mediators to ensure the quality of expertise in cross- border cases, and common standards for mediation contracts; considers that such common standards should ensure respect for the confidentiality rules of each Member State and provide the parties with enough legal information about the concept, limits and consequences of mediation;
Amendment 123 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls onEncourages the Member States to establish pre-mediation offices in order to provide parents with all the information they need about the conduct of mediation and its possible costs and benefits; highlights that some Member States have already established such offices or are seeking to do so;