프랑스민법상 가정폭력 가해자의 친권 -부모 사이의 폭력과 친권박탈을 중심으로-

In our society, domestic violence and child abuse laws are focused on protecting direct victims of domestic violence or child abuse, so there is little protection for underage children who have witnessed or experienced domestic violence between parents. Practical legal action, including discussion of social and psychological problems experienced by children who have experienced domestic violence, not perpetrators and victims who are direct parties to domestic violence, is insufficient. In particular, when the perpetrator and victim of domestic violence are both parents, there are no legal provisions regarding the determination of parental authority or guardian of minor children, not only in the Civil Code but also in other special laws, and this is the same even in cases of divorce due to domestic violence between spouses. Article 924 of our Civil Act stipulates the deprivation or temporary suspension of parental authority, and Article 924-2 of the same Act stipulates the partial limitation of parental authority. However, it is questionable whether our courts consider domestic violence by one parent against the other parent as a reason for the deprivation or limitation of parental authority over a minor child. This is because in reality, in cases where parents divorce due to domestic violence, there are cases where one of the parents who is the perpetrator of domestic violence is designated as the parent with custody or parental authority. In France, laws have recently been enacted that allow for the deprivation, limitation, or suspension of parental authority over minor children if a parent is charged or convicted of domestic violence. Even if the perpetrator of domestic violence is not charged or convicted, the civil code provides for the deprivation, limitation, or suspension of parental authority if the minor child witnesses the parent's domestic violence, thereby protecting minor children. We also need to deprive, suspend, and limit parental authority (including child custody) for perpetrators of domestic violence, and visitation rights should be permitted only under strictly limited conditions.