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You to Boston and I to California: Separation of Siblings in Divorce Cases

2021-09-11T02:25:18.394Z


The lawyer Felipe Mateo Bueno explains that "it will only proceed to separate them when said measure is adopted in the interest of the minors"


As incredible as it may seem, there are cases, rare, but they do occur, of siblings who are separated after a divorce, generally in very complicated processes between the parents.

Felipe Mateo Bueno, an expert lawyer in family law explains: "As a starting point, it should be noted that our family law governs the principle of non-separation."

In this sense, the lawyer mentions article 92 of the civil code, which in point 10 establishes: “The judge will adopt, when properly agreeing on the custody and custody regime, as well as that of stay, relationship and communication, the necessary precautions, proceeding and adequate for the effective fulfillment of the established regimes, trying not to separate the brothers ”.

More information

  • How to tell our children that we are divorced

  • Conflictive divorce and its consequences on the children

In addition, the Supreme Court maintains that they should only separate in essential cases, since it is convenient that they remain together to promote the development of affection between them and, “although it may be chosen because they are separated, that measure will be taken in an exceptional and specially motivated way , proving to be the most beneficial for the children as the most appropriate framework for coexistence for their integral development ”, explains the lawyer.

Therefore, it will only proceed to separate them in the event of divorce "when said measure is adopted in the interests of the minors, mainly because there is a very bad relationship between them or because they clearly opt for one or the other parent," he adds.

An uncommon measure

This measure is exceptional. And it is that “based on the fact that our family law governs the principle of non-separation of siblings and that their separation is an exceptional measure, the percentage of cases in our country is insignificant, without any doubt. , less than 5% ”, Mateo Bueno continues. Now, this percentage exists and the elements that are taken into account always pass "in the best interests of the minor": "Therefore, to agree on a measure such as separating them, the first element that must be taken into account is that it is beneficial for the minors or, in other words, that separating them is less harmful than keeping them together ”, explains the lawyer.

That said, two elements to take into account, he explains, “would be the relationship that these siblings have with each other and that they have with their parents.

It may be that they have a very bad relationship, even with mutual aggressions, or that they clearly opt for the father or mother.

In those cases, it would be advisable to agree to the separation, ”explains Mateo Bueno.

As a general rule, the lawyer clarifies, “minors - once they are 12 years old or when it is presumed that they have sufficient judgment - must be heard whenever a measure that affects them has to be adopted: for example, regarding their custody, care and education.

In these cases they are heard by the judge and the prosecutor.

In those under 12 years of age, it is presumed that they do not have sufficient judgment and can be assessed by the psychologists attached to the family court –psychosocial cabinet– ”, he explains.

In any case, it should be clarified that "the right to be heard and heard does not imply that it is necessary to agree on what the minor wants, since his wishes may not always coincide with what is most beneficial for him," he says.

Possibility of revocation

The measures adopted in a family procedure can be modified at any time, as long as it is proven that the circumstances that were taken into account at the time to agree on them have been substantially modified: "From a strictly Legally, it is entirely possible for minors to get back together after a period of separation. However, my professional experience tells me that they rarely get back together. "

"Unfortunately," he continues, "there are many couple breakdowns in which children are used as a bargaining chip or a thrown weapon against the other parent." As a general rule, except in the most extreme cases, children love their two parents and want to be with both of them. However, “cases of manipulation exist to the point that many minors not only reject the figure of one of their parents, but also that of those siblings who position themselves on the side of the father or mother they reject. The incidence that parents have on minors is a function of age: the younger the age, the more manipulable the child is, and the more impact this influence will have ”, concludes the lawyer.

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Source: elparis

All news articles on 2021-09-11

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