Lët'z Make ”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. Everyone who really cares for gender equality of chance and a 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 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 and legal frame to assure these kids are to be brought up with support and family values. Among number of different elements and measures to take Equal Shared Parenting – ”Résidence Alternée” is a key component protecting the quality of upbringing.

LET'S MAKE IT HAPPEN --- this is the new Luxembourg signature. We can see it all over the country.

As a nation we would like to reinforce positive perceptions, to overcome stereotypes and prejudice. We aim to highlight what Luxembourg, beyond its own interests, can bring to Europe and the rest of the world.

We want to be a modern, dynamic, open-minded, and reliable society where creativity, diversity, and sustainability find its home. We seek to establish our country as competitive financial center, innovative and environment friendly economy with number of government initiatives and a general objective to make the world a better place. Some of these ideas and goals include establishing Luxembourg Space Agency, legalization of cannabis, same sex marriages, adoption of children by the same sex couples, extensive real estate projects, building new infrastructure including new airport, new tram lines, new football stadium, etc.

As a country proud of its heritage and having its roots in the heart of Europe looking into the future, we would like to set example as an inclusive and egalitarian society. Yet, we fail to assure gender-parental equality in Luxembourg courts and institutions.

A CHILD SHOULD NEVER BE DEPRIVED OF HIS NATURAL HUMAN RIGHT TO FAMILY LIFE AND EQUAL ACCESS TO BOTH PARENTS. NOR DOES ANYONE HAVE THE RIGHT TO DECIDE WHICH OF THE PARENTS' LOVE HAS MORE VALUE. 

Children are the most precious and the most important elements of our society. They are because they are our future. 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.

Article 378-1 of the Luxembourg Civil Code allows introduction of Résidence Alternée but the model remains only an option, not the default law and not even a starting point for all children custody proceedings. As a result, Résidence Alternée is rarely introduced in Luxembourg. Unlike in many other EU countries including Belgium, Luxembourg judges, in most cases, remain immune to the evidence provided by over 40 years of empirical studies, scientific conclusions and consensus among internationally recognised psychologists confirming that Résidence Alternée is the most effective model bringing emotional stability to children during separation or after divorce. This equally goes for cases where there is conflict between parents, unfortunately, in many cases unavoidable element of separations.

Decisions of the Luxembourg Family Courts using outdated template approach ignoring Résidence Alternée model, assigning children to one of the parents and allowing the other parent to only “visit” with children every second weekend deny children their natural right for equal access to both parents. Such rulings also stand in violation of numerous conventions and international legal instruments including:

• 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".
• 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".
• 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.
• Article 8 of the European 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".

Careless, discriminatory, and backward judgments of some of the Luxembourg judges denying Luxembourg children equal access to both parents are the main problem. Unfortunately, there are other state regulations enforcing parental inequality. Barriers and difficulties Luxembourg parents must face when in contact with Luxembourg administration post separation.

In order to present the magnitude of the problem below can be found an example of one of many scandalous, bias and discriminatory decisions from the Luxembourg Family Court - The decision of judge Pascale DUMONG from 2017. 

It has been over 10 years since the introduction of Equal Shared Parenting - Alternating Residence 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. Sweden, Denmark, Belgium and other modern countries in EU set example for Luxembourg and the rest of Europe and the World. 

Judges of the Luxembourg Family Court being a chosen group of individuals decide about children’s future and their well-being. Following the changes in the Luxembourg Civil Code introduced on November 1st, 2018 Luxembourg 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 Equal Shared Parenting – ”Résidence Alternée” in the best interest of the children. Unfortunately the model is not a rule and rarely considered and introduced in Luxembourg.

In 2015 European Council voted on CE Resolution 2079/15 calling all EU member states to introduce Equal 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. 

The reasons behind the non-vote of the Luxembourg Parliament on the European Council Resolution 2079/15 remain a mystery, especially since the Resolution 2079 was initiated in 2015 by Ms. Françoise HETTO-GAASCH, Luxembourg politician (CSV), former Minister of Equal Rights Between Woman & Men, past and present member of the Luxembourg Parliament.

FOLLOWING SEPARATION OF PARENTS EQUAL SHARED PARENTING – ALTERNATING RESIDENCE IS THE ONLY SOLUTION PROTECTING THE KIDS BY REMOVING POSSIBILITY FOR EITHER PARENT TO USE THEM AS AN INSTRUMENT OF BLACKMAIL. BEHAVIOUR THAT IN SEVERE CASES CAN LEAD TO PARENTAL ALIENATION (PA) AND DRASTIC EMOTIONAL ABUSE OF CHILDREN.

Following parents' separation Equal Shared Parenting – ”Résidence Alternée” can and should be introduced in Luxembourg as law, default rule and a starting point for all custody hearings in the best interest of the children. 

FAD - Fathers Against Discrimination asbl  "Both Parents for All Children" is asking for your support to speak up and sign FAD 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 Sam TANSON with the Luxembourg Government led by Prime Minister Xavier BETTEL to introduce changes in the Family Law making Equal Shared Parenting - Alternating Residence become a starting point and the default rule for all custody proceedings in Luxembourg. 

Help us do the right thing, support us and protect the children.

Patryk P. RYBIŃSKI, President, FAD - Fathers Against Discrimination asbl “Both Parents for All Children” - 29, Boulevard Prince Henri, L-1724 Luxembourg, Luxembourg        __________________________________________________________________

Who are we?

FAD – Fathers Against Discrimination asbl “Both Parents for All Children” is a non-profit organization established and based in Luxembourg with offices at 29, Boulevard Prince Henri, L-1724 Luxembourg (R.C.S: F12482) and governed by the Law of 21 April 1928 on Non-Profit Organizations and Foundations.

Our association has been created to become a platform of dialogue to promote gender equality of opportunity for both parents, to look after children’s rights and to assure their well-being. As an association we believe a child should never be deprived of its natural human right to family life and equal access to both parents. We are also convinced that no one has the right to decide which of the parents' love has more value to a child.

Considering the above we seek equal treatment of both parents in the Luxembourg institutions as well as during custody hearings in Luxembourg Family Courts. We support the rights of fathers and mothers to equal parenthood and successful professional career. We address the importance of family values promoting the positive impact a full and healthy family has on the upbringing of Luxembourg children. 

Here is the list of the 12 reasons why FAD has been established:    

1. To create a platform of dialog to promote gender equality of opportunity in all aspects of the Luxembourg society.
2. To address 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 assure gender-parental equality and respect of children’s rights in Luxembourg Family Courts.
6. To become educational center providing evidence about importance and relevance of the 50/50 Résidence alternée (Equal Shared Parenting – Alternating Residence model) during separation and after divorce.
7. To convince Luxembourg government to recognise European Council Resolution 2079 and introduce Equal Shared Parenting – Alternating Residence model (50/50 Résidence alternée) not as an option but a starting point and THE DEFAULT LAW for all children custody legal 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 advocate the rights of both parents to family life in accordance with the European Convention on Human Rights.
10. To provide guidance to parents about true meaning of parenthood 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 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 several existing shelters available only to women, girls and mothers and creating the very 1st shelter for fathers with children in Luxembourg
12. To be the first point of contact between Luxembourg fathers and other fathers’ rights organizations in different jurisdictions.