Sunday, December 5

Parents accused of abuse will no longer be able to visit their minor children

Protest against domestic violence after the crime in Tenerife.

Protest against domestic violence after the crime in Tenerife.

Starting this friday parents involved in criminal proceedings for gender violence they will not be able to enjoy a visitation regime for their minor children, upon entering into force the reform of the Civil Code that puts an end to these contacts.

The reform was included in a law passed before the summer with another objective, that of end judicial incapacitation of people with intellectual disabilities.

Among the numerous modifications of the Civil Code that were addressed in that law, the Senate decided to reverse article 94, which included the right of parents who do not have their minor or disabled children with them to visit and communicate with them.

With the approved reform, effective from this September 3, the judge will not establish a visitation regime, and will suspend it if it exists, when the parent is involved in criminal proceedings for attempting against life, assaulting or abusing the partner or of the children, and neither if he appreciates “well-founded indications of domestic or gender violence”.

The judge is allowed to authorize visits in a “resolution motivated in the best interests of the minor” and “after evaluation of the situation of the parent-child relationship”, although in no case may this step be taken when the parent in question is in prison, provisional or firm, for the aforementioned crimes.

The reform was published in the Official State Gazette on June 3, and a few days after the lifeless body of Olivia, the 6-year-old girl kidnapped along with her sister Anna, of one, was found in the sea of ​​Tenerife. father, who did not return the minors to their mother on the agreed day.

At the end of that month came into force law for the comprehensive protection of children and adolescents against violence, which took a first step to restrict visits to abusers by reforming the criminal prosecution law.

Minors, victims

As established then, when a protection order is issued with measures of criminal content and there are Well-founded indications that the minor children have been able to witness or suffer domestic violence the judge must suspend the visitation regime, stay or communication of the accused with the minors.

The main objective of these measures is to protect minors and combat the so-called vicarious violence, which abusers exert on their children with the aim of causing the greatest possible harm to their partners or ex-partners.

Most of the 40 murders of minors at the hands of their parents or their mothers’ partners or ex-partners since 2013 occurred after the separation, divorce or when the woman started a new romantic relationship.

A figure that has not yet included the murder on August 24 of a two-year-old boy in a hotel in Barcelona. The Mossos d’Esquadra continue, for the moment without success, the search for the father, Martín Ezequiel Álvarez Giaccio, for his alleged relationship with the death of the minor.

Since 2015, in accordance with the law for the protection of childhood and adolescence, minors exposed to a situation of gender violence are considered victims of it.

According to the latest macro-survey of violence against women, more than 1.68 million children live in homes where their mother is attacked by their partner or ex-partner and in 51.7% of cases, abuse of the mother has been accompanied by child abuse.

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