In case of divorce, children also entrusted to violent parents (16/06/2022)

“Many countries do not pay enough attention to the protection of children and victims of domestic violence”: this was reiterated (once again) by GREVIO, Council of Europe Expert Group on combating violence against women and domestic violence in its annual report.

On child custody and visitation rights

The report specifically deals with child custody, custody in the context of domestic violence: “All states have taken satisfactory measures,” but “there is still a long way to go” because “implementation is too inconsistent.” This is evidenced by the “alarming rate of murders of women and children.” If the damage suffered by minors when they witness domestic violence is recognized in several countries, including Italy, there are gaps. Some examples: There are also no adequate possibilities to follow children who witness domestic violence with specialized services.

Non-decisive violence in case of separation or divorce

In several countries, including Italy, “domestic violence is not a decisive criterion in the decision on custody and / or access rights; it is a priority for a child to keep in touch with the parent who does not have custody assigned and there are no guarantees or supervision during encounters with the abusive parent; or again: in civil trials, the aspect of domestic violence is minimized and the risk of “parental alienation” is prioritized.

The investigation of the Commission of Inquiry into Femicide

An investigation by the Femicide Commission of Inquiry had reached the same conclusions presented last May by Senator Valeria Valente. Among the cross-cutting elements that are repeated in all the cases analyzed by the research – we read in the document that we had examined here in depth – is also the fact that “the principle of biparentalization is considered a priority in procedures even when there is They are allegations of violence against mothers or minors, and that justify the refusal of the father by the children through the theory of parental alienation by the mother, with the consequence of restoring the supremacy of paternal paternity over maternal ”.

Translated into figures, writes the Commission of Inquiry into Femicides, it means that in almost all cases (96%) ordinary courts do not investigate the facts related to violence, so much so that minors rely on 54% of cases to mothers. but with free encounters with the violent father ”.

The comment of Antonella Veltri, president of DiRe

“Women are killed by men with whom they have a relationship; women are murdered, because those who have the task of protecting them do not believe them; they kill women, because justice continues to despise the word of women; women are murdered because the institutional anti-violence system does not assess the risk they are exposed to when they break off their relationship with their partner; they kill women, because in this country people still think that when women report, they provoke the murderer’s violent reaction, ”said Antonella Veltri, president of DiRe – Women on the Net Against Violence.

The Italian state is inadequate in the protection of women who report

On April 7, a ruling by the Edu Court, the European Court of Human Rights, had put pencils on the role that “the Italian state is inadequate in the protection of women who report.” The reference was to the Landi v. Italy case, which again condemns our country in a case of domestic violence in which a child lost his life at the hands of his father (We have written here)

Top image: Council of Europe

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