Contents
SOS papa, in the name of the fathers
The state of play
When the parents are separated, some of the children rarely see their father, and some even not at all. “The exercise of visitation and accommodation rights cannot be refused to the parent who does not have custody of the child (except for serious reasons) but the law does not impose a principle relating to the residence of the children, which is mainly fixed in the mother (in 7 cases out of 10) ”, notes a survey by the National Institute of Demographic Studies (INED). “Although on the increase in recent years, alternating residence remains rare and father’s residence the exception. “
According to INSEE, in 2016, out of the 14,2 million minor children residing in France, 21% lived in a single-parent family. In 85% of cases, the children mainly reside with their mother.However, some studies show that alternating residence greatly reduces the risk of breaking the bond between the child and his father. “On the one hand, joint residence allows the father to maintain a regular link with the child, a certain daily life, but on the other hand, it is also the translation of more consensual, less conflictual separations. Alternate residence is thus more frequent in the event of divorce by mutual consent (22%) than in the event of an accepted divorce (11%) or a fault-based divorce (4%) ”, according to INED.
The objective of the association
SOS papa is leading a “political action to change five lines in the Civil Code so that a principle of parental equality is guaranteed. “The association is fighting” for alternate residence, for co-parenting, against discrimination, “she posted on her site sospapa.net.
It claims joint residence as a basic principle following the separation of parents. And to quote article 9-3 of the United Nations Convention on the Rights of the Child: “The States Parties respect the right of the child separated from his two parents or from one of them to maintain regular personal relations and direct contact with both parents, unless this is contrary to the best interests of the child. “; “Family courts impose systemic discrimination on the male parent,” laments Jean Latizeau. “This discrimination, constant for decades, was measured by statistics from the Ministry of Justice. When a divorced father wants equal accommodation for his children, this is always granted to him, regardless of the child’s age, when the mother consents. But it is refused to him in nearly 80% of cases when the mother opposes it.
We defend co-parenting, because it is a fundamental right to be in a balanced situation to love one’s children, and to educate them. “And to continue:” All sociological and even police studies establish that children raised without a father experience rates of addictive behavior, delinquency, much higher than others. However, an INED study establishes that after a few years 30% of the children of separated parents hardly see their father any more or not at all… ”
Few changes in 30 years?
“For 30 years, the only change has been the introduction in the Civil Code, in 2002, with article 373-2-9, of the concept of alternating residence. The parliamentary texts of this law indicated “alternating residence is the necessary modality for the co-parenting that we want; judges must understand that priority will now have to be given to this method. “
This law aroused immense hope among dads and their entourage, followed by immense disappointment for the reason we have seen: this law is applied in a discriminatory manner by judges in family cases, ”laments Jean Latizeau. SOS Papa provides moral and legal support to these fathers. “As soon as he joins the association, the father is put in contact with a volunteer who“ coaches ”him, and with one of our partner lawyers who will provide free legal advice. On request, he can also have an interview with a shrink. “
Other points of view
Some feminist associations, for their part, denounce the words of associations like SOS papa. “We recall that if 80% of children live with their mother, it is because this mainly corresponds to the request of both parents,” writes the National Collective for Women’s Rights on its collectivedroitsdesfemmes.org site.
“According to the Ministry of Justice, only 18,8% of fathers claim alternate residence and they obtain it at 17,3%. It is therefore in the name of the 1,5% for which justice decides against joint custody that it should be imposed on everyone? Likewise, the Ministry estimates that 93% of fathers and 96% of mothers would obtain satisfaction. The Collective denounces the perverse effects of joint custody. “Many early childhood specialists do not encourage joint care, they find that this type of care, particularly in young children, can generate adjustment problems because before six years of age a child needs stable daily benchmarks. . He might find himself unable to structure himself correctly in two universes, especially when they are in conflict. This does not mean that the primary residence of the young child should be with the mother systematically, but with one of her parents rather than alternately. “