Statement concerning the programme for reforming legislation and practices related to alternating residence of children (TAS 581/2021, issued on 03 January, 2022)
The Ministry of Social Affairs and Health requested the Ombudsman for Equality to provide a statement concerning the programme for reforming legislation and practices related alternating residence of children. The Ombudsman for Equality has commented in various contexts that it should be possible for non-resident parents to act as active parents after separation. Efforts should be made to actively develop practices that serve mothers and fathers equally after separation. The Ombudsman for Equality considers it positive for equal parenthood and the best interests of children that efforts are made to develop legislation and practices related to alternating residence of children.
The Ombudsman for Equality is every so often contacted in situations where a parent – typically a non-resident parent – considers that certain parties, such as their child's school or early childhood education unit, do not provide them with information concerning their child on an equal basis with the other parent. The Ombudsman for Equality has noted that limitations of data systems are not an acceptable reason for not informing a non-resident parent about matters related to their child's daycare.
The programme refers to a statement by the Ombudsman for Equality (TAS 40/2021), in which the Ombudsman found that alternating residence should be recorded in maintenance agreements in a manner that reflects the actual arrangements made between the parents. In the view of the Ombudsman for Equality, it is great that the programme proposes examination of national guidelines as a whole to support consideration of child maintenance in connection with the reform of child maintenance legislation.
The Ombudsman for Equality finds that the position of families with alternating parenting arrangements should be improved with regard to housing allowance and other social benefits in order to support equal alternating parenthood. The Ombudsman for Equality considers it important for children in situations of alternating residence to be taken into consideration in determining housing allowance for both parents, if they need housing allowance. Otherwise, alternating residence may not be possible and possibilities for the non-resident parent to act as an active and equal parent may be jeopardized. It is not appropriate that the non-resident parent might need to rely on social assistance due to higher housing costs resulting from alternating residence.
The Ombudsman for Equality wishes to emphasise the gender perspective when evaluating the need to reform legislation and practices related to alternating residence of children. In the case of the programme on alternating residence, it may be necessary to examine gender bias related to parenthood and care, and consider means to promote equality between genders along with the best interests of children. Furthermore, it may also be necessary to examine intersectional difference, as the report does to some extent (at least when it comes to socio-economic factors).
19.01.2022
