Just like him failure to pay alimony is sanctioned with a personal compulsion, it also occurs when breaches the visitation regimeexplains trial lawyer Carlos Tapia, from Tapia & Asociados Legal Bureau.
“It is not about who has custody or not, but about a breach in the visitation regime”. If an arrest has been made, the jurist clarifies, it is because the Police are only executing judicial orders.
“Nor should there be a flagrante delicto hearing, (for which the detainee or detainee) should not be in the Model Barracks, but directly in the Penitentiaryas is done with alimony debtors; It’s the same principle, and the same logic applies.”
Tapia recalls that, in cases involving childhood and adolescence, the deprivation of liberty is called personal urgency. “Even, according to international standards, it must be met in another type of center, because It is not the same to be a serial murderer than a food debtor. But our prison infrastructure is the same for everyone.”
The constraint (deprivation of liberty) applies for non-compliance (visitation regime), regardless of who exercises certain authority of the minor.
Ab. Carlos Tapia
The Comprehensive Criminal Organic Code, art. 282, establishes that when one of the parties (whether or not they have possession) transgresses the law (for example, the visitation regime), they will be sanctioned, explains the lawyer Carmen Plúas. “What does that article tell us? That The person who fails to comply with specific or legal orders directed by a competent authority within the framework of their legal functions will be sanctioned with a custodial sentence.”, the extension of which will be decided by the judge.
How long could the person found guilty be deprived of liberty? “One to three years, depending on what was in default. It is the power of the competent judge who handles the case”, says Plúas.
The person who alleges that they have been deprived of their rights to visit the children would have to denounce the offense before the same judge who handles their case and the regulation of visits. The deprivation of liberty of the person who fails to comply occurs when this situation is repetitive, not from the first time; you have to follow a procedure. The Judicial Police issues a first part, a second part… “There is a warning from the judge,” the lawyer details.
The claim cannot be made out of court; only occurs when there is already a valid resolution, indicates Plúas. Once this resolution has been written by a competent judge, it is no longer possible to appeal (unilaterally) to mediation instances; only in case both parties agree and decide to take it that way.
The person who fails to comply with specific or legal orders directed by a competent authority within the framework of their legal functions will be sanctioned with a custodial sentence.
Ab. Carmen Pluas
According to the lawyer Daniela Shambi, in general, in a child support lawsuit, the visiting regime, a right that minors have and that it cannot be deprived by the parent who has custody.
“Article 125 of the Childhood and Adolescence Code indicates that the father, mother or any person who improperly retains the child whose parental authority, possession or guardianship has been entrusted to another, or whoever hinders the visitation regime, may be legally required to deliver the minor immediately to the person who should have it,” says the lawyer.
Shambi also mentions that the person responsible for said withholding is obliged to indemnify the damage caused, including costs for restitution. “If the requirement is not met, the judge may order personal enforcement against him without prejudice to ordering, without the need for a prior resolution, the search of the property where the son is supposed to be to achieve his recovery ”, he adds.
In summary, the custody of the minor cannot be hindered if the visitation regime is already within an established judgment. In the event that the ticket is not complied with as requested, the lawyers for the affected party should indicate that the process has been violated.
The custody of the minor cannot be hindered if the visitation regime is already within an established judgment.
Ab. Daniela Shambi
(YO)
Source: Eluniverso
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