Modification of measures

The Supreme Court (TS) has reviewed a case of modification of measures regarding the custody of a girl (born in 2018) after the divorce of her parents . In the divorce judgment, initially the custody was awarded to the mother , but it was planned to transition to shared custody on a weekly basis starting in June 2023. Over time, as was argued in the proceeding, this change became complicated due to the high conflict between the parents and the rejection by the child of the visits, affecting her emotional stability. The mother filed a lawsuit

requesting adjustments within the shared custody (and a parental coordinator). During the process, a psychosocial report Psychosocial report that recommended exclusive custody for the mother and a visitation schedule for the father. Upon learning about this report, the mother changed her request and formally began to seek exclusive sole custody . This change was communicated to the father, the father responded , and the issue of custody was expressly discussed in the hearing.

At first instance, the judge granted maternal custody , visitation rights for the father, and appointed a parenting coordinator . The father appealed the decision, but the Provincial Court, instead of assessing whether custody should be changed or not, annulled that ruling in practice, stating that it was inconsistent (as if the court had resolved something that nobody had requested).

The Supreme Court disagrees, noting that in family proceedings there is more flexibility to introduce facts and adapt requests if there is a contradiction, precisely to protect the interest superior of the minor . Therefore, the SC annuls the ruling of the Court of Appeal and orders it to issue a new one, this time delving into the substance of the matter and actually resolving which custody is appropriate.

In situations of conflict between parents in the exercise of parental authority, our professionals will know how to provide you with adequate advice and defense of your interests and those of your children.