Research project: Chances of intervention in cases of highly disputed child custody – An analysis of the national legal framework with special consideration of foreign legal structures

Duration: September until December 2006

The DIJuF has been entrusted with the short-term project „Highly disputed child custody – current state of research and reality“ (funded by the Federal German Ministry of Family, Pensioners, Women and Youth) by the DJI (German Youth's Institute). The short term project is an analysis of the legal framework.

The project did not only deal with custody and visitation rights in the case of highly alienated parents. It also analyzed the German procedural law with a special focus on the procedural process and the parameters for cooperation at monitoring the alienated parents and their children.

Furthermore, the team assessed carefully selected, foreign jurisdictions, which appeared to give examples for adequate interventions in cases of highly debated custody and/or visitation rights.

Last but not least, the team examined how well the current legislative proposals regarding family courts' procedural law (and legal measures available to family courts in the cases of risks to a child's well-being) are suited to addressing the current deficits. It also analyzed which suggestions of foreign law have been recognized.

DIJuF-Contact person:
Lydia Schönecker (E-Mail: schoenecker@dijuf.de)