The PULSE Foundation firmly expresses its disagreement with part of the proposed bills for amendments and additions to the Family Code, submitted to the 51st National Assembly of the Republic of Bulgaria.

As an organization with over 25 years of experience in providing social services and protecting the rights of children and victims of violence, we declare that some of the proposed changes are in contradiction with the Constitution of the Republic of Bulgaria, the Child Protection Act, the Domestic Violence Protection Act, the Convention on the Rights of the Child, and other international acts that uphold the principles of human rights protection.

Particularly concerning are the provisions that introduce a 'presumption of shared custody'. The introduction of this regime without clear criteria for its implementation could lead to legal uncertainty and pose a risk to the well-being of children.

• The best interest of the child is paramount.

The Convention on the Rights of the Child and Bulgarian legislation emphasize that decisions related to the exercise of parental rights should be made individually, taking into account the best interest of the child. In this context, the automatic imposition of shared custody does not consider the individual needs of children and creates conditions for conflicts between parents.

• Risk of violence and manipulation

Imposing shared custody, even in cases of violence, disregards the rights and safety of victims of domestic violence and their children. Numerous international documents, including the European Parliament Resolution of October 6, 2021, emphasize that domestic violence must be considered when making decisions regarding parental rights.

• Lack of an adequate definition and legal framework

The unclear definition of "shared custody" will lead to legal chaos and uncertainty for both parents and the judicial system. At the same time, it does not guarantee equality and could be used as a tool for pressure and manipulation in legal proceedings.

We insist that legislative changes be based on proven practices that ensure the protection of children and victims of violence. Any change to the Family Code should focus on the real protection of children's rights, not on formal and inappropriate legal norms.

We call on legislators to withdraw or amend controversial provisions and to ensure mechanisms that protect the best interest of the child, considering its real needs and safety.

The full text of the statement can be read here (in English)

The full text of the statement can be read here (in Bulgarian)