Shared Custody incompatible with conviction for threats to the other spouses
It is incompatible with the conviction of one of the spouses for the crime of threats in the family environment. The 1st Chamber of the Supreme Court has handed down a sentence, of which Judge José Antonio Seijas Quintana has been the rapporteur, for which he considers the appeal filed against the decision of the Provincial Court of Biscay, which considered an appeal and agreed the joint custody of two minors, born in 2008 and 2010 By the plaintiff, an extraordinary appeal was filed for procedural and cassation infringement.

In the appeal, the infringement of the doctrine of this Chamber on custody and shared custody was denounced in order to establish said regime, disregarding the interest of the minor, obviating that the mother has always taken care of her children and that the relations between Both spouses do not benefit the interest of minors.

The judgment of the First Chamber, as the Prosecutor's Office is interested, considers the appeal filed. A sentence issued by the Court of Instruction No. 3 of Gernica-Lumo dated January 9, 2005, for a crime of gender-based violence, for which the father is convicted as the author of a crime of threats was incorporated into the cassation roll in the family environment.

It should be remembered that it is a necessary premise to agree on the regime of custody and shared custody that between parents there is a relationship of mutual respect in their personal relationships that allows the adoption of attitudes and behaviors that benefit the child, that do not disturb their emotional development and that In spite of the emotional breakdown of the parents, a family frame of reference that sustains a harmonious growth of their personality is maintained.

And it is that one thing is the logical conflict that may exist between the parents as a result of the breakup, and another thing that this framework of relationships is crossed out by an unjustifiable condemnation for a crime of gender violence that separates the father from the family environment and of communication with the mother,

Contact Oakville's Family & Divorce Lawyer for more information and smooth process for custody.

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