Ministry of Social Affairs and Health launches study on how to safeguard children’s rights in challenging divorce situations

The Ministry of Social Affairs and Health has launched a study on how society could better support children in challenging divorce situations and custody disputes.

The study is based on the Programme of Prime Minister Petteri Orpo’s Government and the implementation plan for the National Child Strategy. The Federation of Mother and Child Homes and Shelters has the main responsibility for conducting the study, that will be completed by the end of 2024.

Challenging divorce situations may involve violence in various forms, stalking and exercise of power, with children being used as a tool in custody disputes. The study will examine how services and legislation could be developed to ensure that children’s rights are realised as fully as possible in challenging divorce situations. 

“The study aims to find concrete ways to prevent prolonged custody disputes and improve the position of children in difficult divorce situations,” says Minister of Social Security Sanni Grahn-Laasonen. 

Responsibilities of professionals should be clarified

Challenging divorce situations and custody disputes require the involvement of several authorities, conflicts seem to become prolonged, and finding solutions for them is difficult. It is necessary to clarify the legislation binding on different parties, because in the current situation parents are left to shoulder too great a responsibility for resolving and agreeing on matters by themselves. They are not always able to do this if the situation involves, for example, violence or mental health issues or substance abuse problems. 

“Currently, there is no single party with clear responsibility who would take the lead when the divorce situation escalates. People seek help from many sources and, in the worst case, the handling of the matter is shifted from one party to another. Unclear responsibilities burden both professionals and clients,” says Senior Specialist Johanna Vaitomaa from the Federation of Mother and Child Homes and Shelters.

“Several professionals in the public sector, such as the police, courts of law and child welfare services, are involved in dealing with such cases. It would be important to clarify the responsibilities and division of work between different parties so that families would receive the support and help they need,” says Executive Director Riitta Särkelä (DSocSc) from the Federation of Mother and Child Homes and Shelters. 

Survey to give professionals an opportunity to have their say

To support the study, a survey will be conducted among professionals whose work involves dealing with challenging divorce situations. The survey is currently underway, and it has been sent to healthcare and social welfare professionals and courts of law, among others. 

“The survey provides an excellent opportunity to tell us how the system should be further improved. We hope to receive a large number of responses to the survey from across Finland. The study also includes consulting various experts by experience whose views are crucial,” says Särkelä.

The responses to the survey will be supplemented by focus group interviews with different professional groups. In addition, the study will make use of existing research and reports. The Ministry of Social Affairs and Health has also appointed a monitoring group to support the study.

Along with the Ministry of Social Affairs and Health, the monitoring group consists of representatives from the Ministry of Justice, the Finnish Institute for Health and Welfare, the National Police Board, the National Courts Administration and the Office of the Non-Discrimination Ombudsman.

Inquiries:

Johanna Vaitomaa, Senior Specialist, Federation of Mother and Child Homes and Shelters, tel. +358 40 768 7316, johanna.vaitomaa(at)etkl.fi

Riitta Särkelä, Executive Director, DSocSc, Federation of Mother and Child Homes and Shelters, tel. +358 50 63663, riitta.sarkela(at)etkl.fi

Marjo Malja, Senior Ministerial Adviser for Social Affairs, Ministry of Social Affairs and Health, tel. +358 295 163 581, firstname.lastname(at)gov.fi

Niilo Heinonen, Special Adviser to the Minister of Social Security, tel. +358 295 163 603, firstname.lastname(at)gov.fi