The lawyer explains that shared custody can be interrupted in case of aggressions against the mother
Summary
In 2023, there was an increase of 9.8% in cases of domestic violence against women in Brazil. Law 14.713/2023 now prevents shared custody in situations of violence, with the aim of protecting the victims; However, assisted visits between minors and parents are possible.
According to the Brazilian public security year, published in July last year, the number of women who undergone a sort of domestic violence was 258,941 in 2023, which represents a 9.8% increase compared to 2022. The number 190 of the military police was triggered 848,036 times to report episodes of domestic violation. As for the threats, there was a growth of 16.5% in the number of cases – 778,921 in absolute numbers. The data are based on the information provided by the state departments of public security, by the civil, military and federal police, among other official sources in the public security area.
And how are the children in these situations? This month of women, the family lawyer Ana Luisa Lopes Moreira, who is part of Celso Cândido Souza Advogados, explains their custody in these cases.
” The legal vision of shared custody in cases where there is a domestic violence has evolved in recent times. With law no. 14,713 of 2023, the legislator began to see and establish the risk or existence of domestic or family violence as an impeding cause to exercise shared custody, imposing the duty to investigate previously to the prosecutor and the parts of any specific case on these situations. While it can be requested and granting custody in unilateral mode, has identified the imminence or discovery of situations of domestic violence.
However, the expert says that the author still has rights as a safeguarded father. ” The shared or unilateral guard regime does not interfere with the conviviality between the minor and his parents. Law 14.713/2023 concerns the method of custody, in order to safeguard the victims of domestic or family violence of frequent contacts with the aggressor or even the imminence of other aggressions. The visits regulation is a separate point of the guard mode. For the fixation of life between parents and children, attention should be paid to situations that directly involve the minor and the parent in question.
Attacks after separation
If the parents are already separated, they exercise shared custody and perhaps a certain aggression occurs, the format can be changed, as if the violence has occurred during the relationship.
” If there are situations of violence or risk, the issue of custody can be reviewed, presenting all the tests necessary for the demonstration that the other parent is unable to exercise shared custody. In these cases, urgent protection may be requested if the danger of damage to the useful result of the process, or the best interest and well -being of the smallest protection, can be evident “, explains the lawyer.
He underlines that there is the possibility of visiting a partner. ” Assisted or supervised visits can be requested in one of the two guard modes, unilateral or shared. It is important to highlight that the guard regime does not define in visits and conviviality; However, situations can interfere, depending on each specific case and factual situation that has occurred. In general, assisted or supervised visits are required when, by one of the parents, the concern for the integrity of the minor with the other parent. To this end, it is necessary to demonstrate the risk that the minor is only in the presence of the parent in question, both by the behavioral analysis of this parent, with transgressions to the agreements already signed in court, with relationships that find a certain degree of danger for the presence of the child without supervision of another tutor with this parent ”.
Ana Luisa Lopes Moreira stresses that, regardless of living with her father, it could be close to her family. ” In family law always pays attention to the best interest and well -being of the minor. In the event of restriction of living with one of the parents, it is still possible that the minor maintains the link and contact with other relatives of that family unit, provided that the safety of the minor, his well -being, the care and respect for the defined removal in question “.
Will of children
Another point that can be taken into consideration for the situation is the will of the child. ” When the child does not want to live with his father – or mother, depending on the case – this problem is analyzed with great caution. Article 16 of the child’s statute and adolescents guarantees the right to the child’s opinion, but the consideration of respect or not his will depends on several factors, in particular his emotional maturity and the reason why he expresses such a desire “, says the expert.
She is still completed. “The judge can listen to the child directly, with the help of trained professionals, such as psychologists and with psychosocial studies, to determine if there are cases of alienation of parents or if in reality, the environment rejected by the child is inappropriate. Although the legislation is not stipulated a fixed age to be considered the voice of the child, the legal practice often gives greater weight to the manifestations of children for 12 years.
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Source: Terra
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