Petition No 0162/2020 by K.J. (Hungarian), on behalf of VCSM Alapítvány, on child placement after divorce in Hungarian and German law
The petitioner calls for ensuring equal rights of parents as regards the placement of a child after divorce. He alleges that children are in large majority placed with mothers and thus the equality of the sexes before the law, the protection of families and, most importantly, the interests and rights of children are violated. Allegedly, the practice of placing children with mothers is ubiquitous in decisions of Hungarian and German courts in situations where parents disagree as regards the custody. He calls for replacing this harmful practice with the concept of shared parental responsibility as described in the Resolution 2079 (2015) of the Council of Europe on Equality and shared parental responsibility: the role of father. The petitioner suggests, among other measures, to carry out a scientific survey on the social costs of the current practice and to implement the resolution of the Council of Europe.