Parental measures

The Supreme Court (TS) has confirmed that a girl can live with her mother in another province , even though she had moved without the father's consent. Two issues must be distinguished, the first is that the mother should not decide the change of residence on her own , but on the other hand, that action could not lead to adopting a harmful solution for her daughter.

The conflict began after the couple's breakup. The mother requested to keep custody and move with the girl to another province. The father requested shared custody or, alternatively, that the daughter live with him. Furthermore, he argued that the relationship of the little girl with her sister should be protected by the father. Before the ruling arrived, the mother had already moved and enrolled the girl in a school in the new city.

The court granted custody to the mother , but clarified that this did not give her the freedom to change the minor's place of residence on her own. If the father did not agree, she needed judicial authorization . The mother appealed, claiming practical reasons, the rent was cheaper in the new destination and there she had family support , which reduced the need to hire other people to care for her daughter. The Provincial Court allowed both to continue living in that city.

The father went to the Supreme Court. He considered that the move was due to the mother's convenience and harmed the child's family ties. However, the Supreme Court understood that there were economic, labor, and family reasons that justified the relocation. It also assessed that, due to her young age, the minor did not yet have a sufficient attachment to the city of origin.

Although the distance made daily contact with her sister difficult, the visitation regime allowed maintaining the relationship with the father and the paternal family. Ultimately, the Supreme Court did not endorse the mother's unilateral decision, confirmed the relocation because, considering the specific circumstances, the well-being of the child should prevail.

In situations of conflict between parents regarding custody or visitation arrangements, our professionals will know how to provide you with appropriate advice and defense of your interests and those of your children.