Family interrelation regime: the new concept of visiting regimes.
When separation occurs between two parents, or if there was never a coexisting relationship at all, there is always the question or doubt about which parent will have the custody of the underage children. The ideal, always, is to reach an agreement between both parents when the separation is going to take place, since the friction generated by situations like these only causes harm to the children themselves; however, in many cases, there is not such agreement because the separation did not occur in good terms, and both parents want to exercise custody, so the situation becomes a war of power and pride between parents.
In the absence of a voluntary agreement between parents, the best option would be to look for an arrangement through an attorney, if no arrangement is subscribed, a Family Judge will determine both the aspects related to the custody, upbringing and education of minors, as well as the interrelation regimebetween the minors and the parent who does not have custody.
Interrelation right between minors and parents
The family interrelation regimen is not a right that belongs only to parents, but also a right that the minor has of spending time with both parents. This is regulated both in our legal system, and in different international instruments aimed at protecting the rights of minors, such as the Convention on the Rights of the Child, the Convention on the Civil Aspects of International Child Abduction, and the Inter-American Convention on the International Return of Children.
The right to a family interrelation regimen, or a visiting regime, as it was previously known, is conceived as an ideal way to strengthen the affection and the relationship between parents and children, since in very few cases is it possible to establish shared custody, due to the multiple requirements that must be met for this to be possible. The family interrelation regime aims to maintain the family union in circumstances where there’s deterioration in the relationship between the parents, since a separation or a divorce should not affect the relationship that the parents have with their children.
It is important to remember the right that minors have to interact with both parents, as well as with their respective families. When establishing a regime of family interrelation, whether agreed between the parties or set by a Court Authority, the best interest of the minor must always be taken into account.
But there are cases in which an interrelation regime is not convenient, due to a previous case of domestic violence or a dangerous habit of the parent that could put at risk the physical and emotional wellbeing of the child. When the physical and emotional health of the child is at risk, the right of the parent to an interrelation yields to the imminent danger that the minor may face, since in this, as in all judicial processes where minors are involved, the Judge must always seek to respect the best interest of the children, due to their vulnerability.
ERP Lawyers & Associates: Family Law Experts
If you need assistance and advice on family interrelation regimes or any other Family Law issue, at ERP Lawyers & Associates we are ready to assist you with this, and any other family related inquires, as we have specialized professionals in Family Law, with extensive experience in the branch. You can make an appointment through our website or by phone. It will be our pleasure to assist you.