ICONOS FINALES-TRAZADOS

Family meeting point

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Judicial control of the visitation regime

Family meeting point

The Supreme Court (TS) has ruled in favor of the father on a specific aspect of the visitation regime for his three children . It cannot be left to the Family Meeting Point to decide to extend, reduce, or suspend those contacts. Its professionals can assess how the visits are going and propose changes, but the final word belongs to the court.

The case arises from a divorce marked by a gender-based violence episode and a conviction of the father. The custody of the three children remained in charge of the mother and were established visits with the intervention of the Family Meeting Point. However, the ruling allowed the center itself to specify the days and hours and decide on possible extensions, nights with the father, or suspensions.

The father appealed because he wanted a clearer path towards a normalized relationship with his children and a possible shared custody. The prosecutor also questioned that such important decisions were left in the hands of the center. The TS agrees on this point, the technicians can assist the court with their reports, but cannot replace it when deciding how visits should be conducted.

Contacts were functioning well, the children showed affection towards his father and they related positively with him. The mother also did not consider that contact harmful. However, the court warns the father that he must stop belittling her in front of the children , both for the damage to her dignity and for the bond of security and attachment that it represents for them

The decision does not grant the shared custody nor interrupts the current visits. These continue while the court listens to the parties and decides, as quickly as possible, whether to confirm them. From then on, any expansion or setback must have judicial approval, the proposals from the Meeting Point cannot be implemented without that approval. The rest of the divorce measures remain.

In situations of conflict between parents in the exercise of parental authority regarding the custody of minor children, in a context of gender violence, our professionals will know how to provide you with appropriate advice and defense of your interests and those of your children.

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