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The FDP wants to launch a comprehensive reform package under family law.
The “ten-point plan for modern family law”, which WELT has drawn up by family law expert Katrin Helling-Plahr, provides for far-reaching reforms.
Among other things, in custody and maintenance law, in adoption law and the legal protection of families with homosexual partners.
The FDP parliamentary group in the Bundestag wants to adopt the position paper at its meeting on Saturday.
"Our children deserve that the legislature finally throws traditional role and family images overboard and creates a family law centered on child welfare," it says.
"We are not allowed to dismantle any parents." For the FDP, family is "wherever people take permanent and binding responsibility for one another".
The independent creation of the parent-child relationship must always have priority over state intervention.
Away from the principle of "one person looks after, the other pays"
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Specifically, the Liberals propose joint custody from birth for unmarried couples as well.
A unilateral declaration by the father should be sufficient for this in future.
"In response to a declared objection by the mother, the family court can only deny joint custody if, in exceptional cases, it contradicts the best interests of the child," the paper says.
For families separated, the FDP wants to install the idea of the change model as a legal model.
The parliamentary group is firmly convinced that "for children whose parents cannot find a different agreement, it is usually best if they continue to be cared for in their everyday lives even after separation or divorce from both parents," it says - with what time Shares should be able to be handled flexibly.
"When the legislature finally makes it clear in the interests of children that equal participation in the responsibility for upbringing is the rule and not the exception even after a separation, it counteracts conflicts and prevents parent-child ties from suffering or even tearing off."
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This must go hand in hand with a reorganization of the maintenance law away from the principle of “one person looks after, the other pays”.
"Since both parents take care of childcare at almost the same time, the differentiation between childcare and cash maintenance is no longer useful," says the paper.
Rather, the legislature must develop a new maintenance system analogous to the maintenance for adult children, according to which both parents will always be responsible for the cash maintenance of the child.
Only in cases in which the child is cared for almost entirely by one parent should it be possible to deviate from this principle as an exception.
Extensive parenting liberalization
The FDP parliamentary group would like extensive liberalization for rainbow families.
Specifically, she proposes not only providing for co-motherhood for lesbian couples, as the grand coalition is planning.
But also multiple parents, for example between a lesbian couple and the biological father of a child.
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“Constellations in which more than two people actually take on parenting constellations for a child have long been a reality.
They finally also need a legal representation, ”says the draft.
Children also have a right to their birth parents.
The introduction of co-motherhood can therefore only be thought of together with the implementation of legal multiple parenthood.
In this context, the FDP wants to make prenatal parenthood agreements binding.
"Such an agreement can provide a clear parenting as well as the clarification of custody, contact, maintenance and inheritance law issues in the interests of the children and prevent the emergence of later conflicts."
The Liberals also want to enable adoption rights for unmarried couples.
Age limits and other formal criteria set by the youth welfare offices should be scrutinized and, in case of doubt, would have to take a back seat to the individual child's best interests.
"It is important that the child is offered a suitable and loving environment."
The Liberals are also planning a revolution for blended families: They want to enable step parents to adopt their adopted children without releasing the biological father or mother from parenthood - in future, multiple parenting should also be possible in such constellations.
So "if all those involved wish this in the interests of the child, as in the case of adult adoption, the possibility of stepchild adoption of minors should be given without the parenthood to the existing parents expiring".
Empowering children to have a say
The FDP parliamentary group also wants to improve the voice of children in family law proceedings.
Legal counsel as a representative of the child's interests must be qualified to present the child's point of view as authentically as possible.
A personal hearing by the court must also be guaranteed for children under 14 years of age.
In addition, the Liberals want to introduce their own right to apply for minors who are capable of legal proceedings in highly personal matters, for example for questions about residence, contact or consent to medical treatment.
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From the perspective of the FDP parliamentary group, family judges should not only demonstrate knowledge of family law, but should also have competencies in the fields of psychology and pedagogy.
To this end, they should be given the opportunity to complete appropriate training before taking on a family department.
With its ten-point plan, the FDP parliamentary group wants to ensure that the legal regulations are geared towards keeping children in their caregivers and protecting them from conflicts of loyalty: “Our children do not need any legal regulations that encourage disputes between their caregivers.
They need their parents. "
Initiator Helling-Plahr also wants to drive the grand coalition ahead with the proposals.
Justice Minister Christine Lambrecht (SPD) had already ruled out a major reform of family law in the middle of the election period because there was supposedly no time.
“One wonders when should there ever be time.
Probably never.
You and the coalition simply lack the will. "