Modification of measures

The Supreme Court (TS) resolves a case of modification of measures after a divorce in which the mother requested more severe measures regarding the father of her minor daughter (11 years old). The underlying reason is particularly serious as the father is convicted of gender violence and is in prison , and the minor would have suffered a significant emotional impact due to episodes of violence experienced or witnessed in the paternal environment.

At first instance, the court made a decisive decision, deprived the father of parental authority (that is, removed that responsibility and parental powers) and attributed its exercise exclusively to the mother. Furthermore, suspended the visitation regime and any communication from the father with the daughter.

The father appealed and the Provincial Court partially changed the approach, although it maintained a more "temporary" solution regarding parental authority (suspension while in prison) and allowed for a one-hour visit/communication and supervised during prison permits, with the idea of avoiding a total break of the bond.

The mother appealed to the TS which ruled in her favor. The TS emphasizes that, in these matters, the main concern is the best interest of the child and their physical and emotional well-being. Here, two elements weigh heavily:

1. The psychosocial reports , which reflect emotional harm and recommend suspending visits.

2. The absolute refusal of the minor to maintain contact with her father, with nervousness and unease towards his figure.

Based on this, the TS considers that it is not appropriate to force even supervised visits during prison permits and restores the first-instance decision, deprivation of parental authority and suspension total visits and communications.

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.