When the children want to or need to live with the parent not cohabitant

Buenos Aires, January 2012.- in a separation or divorce, with minor children, up to 5 years except for very serious situations which desaconsejara it, legally the possession of the children is awarded to the mother and after that age continues the same criterion in the courts, although he began to see various possibilities that tenure is exercised by the parent not common-law at the behest of the children, by decision or need for help.

It may be situations in which children, pose a scenario in which, to continue with the parent cohabitant, is complicated, and may be present experiences of abuse, violence, neglect, physical risk and / or psychological, and it is noted the possibility of a change of guard.

A common question is when children can decide? children must be heard by the judges, advisors or advocates for children with psycho team of court intervention, assessing the context surrounding the exhibition.

when what you want a son is decision-making?

When his conviction is so strong, that before a psychological expert, and heard by the judicial authorities, maintains its determination to consistently, appreciate that not impregnated by induction, anyone who contaminates the discourse of the child.

The strength of the decision of a son who aspires to live with the other parent, is determined by the time which really decides and has ability to move on their own and should be reinstated by the courts to the home of the parent cohabitant, will reiterate his attempt to transfer to the House of the parent with whom you want to live.

Before the conflict in a situation of possible repeated breaks, determined that the Court exposed to a reality, which exceeds the participation of the elderly, should avoid the danger of this wandering, noting whether the conditions of the parent who would receive are adequate to resolve the change of guard.

do you can do the parent no common-law before the externalisation of the son, you need to withdraw from the home by being exposed to situations of physical hazards and / or psychological?

Submit a preventive measure not innovate if it is found with the child who does not wish to return to the parent cohabitant, saved and is not a whim or anger of the moment and it should safeguard their physical and psychological integrity.

If it is due to an issue of protection against an abuse, violence, injuries, featuring justice risk ”, providing evidence that possesses and witnesses. The testimony of the minor will be evaluated and assessed by the intervening Court. The judicial presentation must be immediate, avoiding the possible denunciation for retention of the son, who is in a position to carry out the parent in charge of the Legal ownership or fact and which would complicate the investigation with a hasty return without taking the necessary measures of protection.

If resolution by the Court were negative change of custody, the child must return with the parent cohabitant and if it maintains the decision not to continue coexistence, the parent in its assistance may insist that will review the granting of custody change, avoiding a possible leak of the home, in which the child no longer want to stay, and the risks that such an attitude could lead to him.

In these cases is where the main concern of the courts, on protection of minors, being fundamental and indispensable to maintain within the legal framework can be seen.

-Another option is approaching the Ombudsman’s Office or children’s advice, and ask be cared for and that child or teenager expresses the because does not want to stay more with the other parent cohabitant. In response to the sayings of the child, to take the relevant legal documents or well discouraging change in custody be considered that he does not fulfil the conditions to produce one. There will be skills in order to verify the psychological state of the minor and the credibility of the above.

In pre adolescents and adolescents, the witness has a high assessment by the Court. In younger children, the willingness of the courts is not to modify the State of tenure, except that there were situations of violence, with the proper identification.

Before the claim of the sons to change their guardian, the right thing is dialogue with the other parent and not go to legal extremes. Both parents must understand that the change of custody does not mean losing the link, but a change of address, and there is no questions that desaconsejaran, keep the link and communication.

-When the children are able to decide with whom to live together, they have no doubts, that want to know is how to do it and them to be support from the personal and legal.

– If present fears, doubts or repair, before proceeding to a legal body, it is to verify the reasons and if he is not an anger momentarily.

-The sense of possession upon the children often inhibit the reasoning, and is where the intervention of Justice can accommodate history and protect the right of each of the components of the family group in conflict.

For the granting of the change of guard, there are some guidelines that can serve the judge to consider the best interests of the child. Some of them are:

– give priority to the coexistence of the brethren; avoiding producing a new Division family.

-Listen to children; While your opinion is not conditioning factor for the judge, it is important because of the testimony of the minor, offers the judge the possibility of a bigger picture at the time of the judgment, in the observation that the assertions of the parents, they are not always objective.

-Keep the context pre – existing: principle assumes convenient to not produce modifications or transfers, because that can affect the child. A change of temporary possession gives rise to a period of study, in order to determine a final tenure.

-Some of the elements that guide the judge to change resolution of

foster, the age of the minor, the positive or negative influence that can have on the child of parents attitudes.

If the parent not cohabitant notes that the child has been abused, injuries, it should be directed to the health unit more close, ask for the intervention of a medical forensic, a psychologist and denounce the fact. If you have a lawyer, make contact immediately, presenting a measure precautionary care.

In some municipalities there are areas related to the promotion and defence of the rights of the child, which also is available, in situations in which their rights are violated or in circumstances of risk, asking for their collaboration.