As of this Friday, parents involved in a criminal proceedings for gender violence will not be able to enjoy a regime of visits to their minor children, by entering into force the reform of the civil code that puts an end to those contacts.
The reform was included in a processed law before the summer with another objective, to end the judicial incapacitation of people with intellectual disabilities.
Among the numerous modifications of the Civil Code that were addressed in that law, in the Senate it was decided to return Article 94, which collected the right of parents who do not have their minor or disabled children to visit and communicate with them.
With the approved reform, in force since September 3, the judge will not set a visitor regime, and will suspend it if it exists, when the parent is incomed in a criminal process for attacking the life, assaulting or abusing the couple or
Of the children, and neither does it appreciate “founded indications of domestic or gender violence”.
The judge is allowed to authorize visits in a “resolution motivated in the highest interest of the child” and “after assessing the situation of the paternal relationship”, although in no case may that step be given when the progenitor in question is in prison
, provisional or firm, by the aforementioned crimes.
The reform was published in the Official State Bulletin on June 3, and a few days later he was in the sea of Tenerife Olivia’s lifeless body, the 6-year-old girl kidnapped next to her sister Anna, one, for her
Father, Tomas Gimeno, who did not return to the minors to his mother the agreed day.
At the end of that month, the Law on Integral Protection for Children and Adolescence came into force against violence, which took a first step to restrict visits to the abusers by reforming the Law of Criminal Prosecution.
As established then, when an order of protection with criminal content measures is issued and there are founded indications that minor children have been able to witness or suffer domestic violence, the judge must suspend the visitor 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 Violence ViCaria, which abusers exercise on children with the aim of causing the greatest possible damage to their partners or former couples.
Most of the 40 minor murders at the hands of their parents or couples or exploits of their mothers since 2013 occurred after separation, divorce or when the woman initiated a new sentimental relationship.
A figure in which the murder has not yet been included on August 24, a two-year-old boy at a hotel in Barcelona.
The Mossos d’esquadra continue, at the moment without success, the search for his father, Martín Ezequiel Álvarez Giaccio, for the alleged relationship of him with the death of the child.
Since 2015, according to the Law on the Protection of Children and Adolescence, minors exposed to a situation of gender violence are considered victims of it.
According to the last macroencuesta of violence on women, more than 1.68 million children live in homes in which their mother is attacked by his partner or exparea and 51.7% of cases, the abuse of the
Mother has been accompanied by abuse to the child.
