Suspension of visitation of the non-custodial parent
The Family Court of First Instance that processed the measures derived from the breakup of the couple has agreed to suspend the visitation regime established in the judgment in favor of the non-custodial parent regarding to his youngest daughter and attributes to the mother the exclusive exercise of parental authority; measures that will remain in force until the father justifies the change in the circumstances that have given rise to the issuance of the same.
As we know, parental authority is acquired by the fact of being a mother or father and supposes the general representation and administration of the assets of their minor children, in decisions that have to do with education, health, freedom, physical and moral integrity; and the visiting regime is based on the recognition of the best interest of the minor, which consists of a set of actions and processes to guarantee the integral development in affective and material conditions to achieve the maximum possible well-being.
The Civil Code recognizes the right of minor children to interact with the parent who does not exercise custody or parental authority and for these to have their children in company, both through physical contact as well as through communication through any other means so that the children do not lose contact with the non-custodial parent, so that the relationship between the children and the parent is fostered and remains latent despite the separation or divorce , always ensuring that the situation of separation from their parents does not seriously affect them.
The visiting regime is regulated in article 94 of the Civil Code, as well as other laws and treaties which establish the right of visitation, communication and residence of the parent who does not have custody , but, in turn, establishes the possibility for the judge to modify, restrict and suspend it if there are relevant circumstances that make it advisable, or if the duties imposed in a judicial resolution are repeatedly breached.
Article 158 CC establishes that it will be the judge who dictates these measures based on the principle of proportionality. Under this precept, the “precautionary suspension in the exercise of parental authority and/or in the exercise of guardianship and custody, the precautionary suspension of the regime of visits and communications established in a judicial resolution or judicially approved agreement and , in general, the other provisions that it deems appropriate, in order to remove the minor from danger or to avoid harm in their family environment or in front of third parties”.
In the order to which we refer, the Report of the Psychosocial Team attached to the Court endorses maternal custody based on the existence of a conflictive rupture between the parents that motivated the intervention of the CAI, appreciating that there is a bond between the parent and the child that triggers behaviors of control, mistrust and rigidity, without the parent being aware of their share of responsibility in the family conflict and in the unconscious exploitation of the child.</p >
Experts show great concern about certain parental behaviors that negatively influence the youngest daughter, such as constantly using her to “attack” the parenting model without justification of the mother towards the daughter, as well as the exposure by the father to his daughter to extreme and dramatized situations that seriously affect the emotional and affective state of mind of the girl, hindering the mother-child relationship. In short, dysfunctional behaviors of the parent that come to produce a disorganizing effect on the thinking of the minor.
Based on this, the Family Court considers that the suspension of the father’s visitation regime is appropriate since, if these are maintained, a risk situation for the minor is appreciated.< /p>
11/15/2022
