The shared custody model of the Ampel coalition government - good or bad?

Nina Monecke views the plans of the Ampel coalition government for a reform of visitation rights critically, as reported on ZEIT ONLINE.

“The shared custody model for separated families is a heartfelt project of the FDP, according to Monecke, referencing the new guidelines on custody and visitation rights recently presented by Justice Minister Buschmann. The guidelines explicitly state that family courts can order the shared custody model in visitation proceedings if it is in the best interest of the child.

‘Dividing child care equally after a separation sounds progressive at first, exactly what many feminists have long called for. However, the plan contains a critical flaw in its logic that could disadvantage many women,’ writes Monecke.

If couples with a traditional division of care and wage labor are assigned the shared custody model after a separation, women will be at a disadvantage. ‘They have often forgone income and pension points for years, most likely also sacrificing career opportunities. Now, they are left with the need for a larger apartment suitable for the child and a part-time job, but with less child support. This is because, in the shared custody model, both parents share the costs proportionally.’ And in so-called asymmetric shared custody models, the partner with whom the children do not live but who takes on at least 30% of the care is to be relieved of child support.

‘The push for equal involvement in child care after a separation simply comes too late. If one truly wants equal shared child care, it should be enabled and promoted within an intact partnership. This would create less financial dependency for mothers.’

Keywords like spouse splitting, parental leave/parental allowance, and legal entitlement to daycare places: ‘If the federal government finally addressed these issues, shared child care could work for more families—not just after a separation, but from the birth of a child onwards.'”