Supreme Court Denies Return of Three Minors from Tenerife to Parents Following Family Violence

The Supreme Court’s civil chamber (TS) has dismissed a complaint from parents in Tenerife who objected to the ruling that their three children must remain in a juvenile facility, citing the children’s refusal and history of enduring family violence at the hands of the appellants over the years.

The parents contested the administrative decision declaring the abandonment and placement in foster care of their three minor children, who were born in 2008, 2010 and 2012. This decision was based on the children’s testimonies, where they detailed the atmosphere of family violence in their home and expressed their preference to stay in the shelter.

Following the parents’ imprisonment in 2015, the minors were deemed to be in a vulnerable situation. Upon the mother’s release, the children returned to her care, but under the supervision of an intervention plan.

Reports reveal that the mother was hospitalized and the father was convicted of domestic violence as a result of the abuse inflicted on the eldest son over the years.

The Santa Cruz de Tenerife Provincial Court upheld the decision to keep the minors separated from their parents, considering “their best interests, which have significantly improved during their time at the center, and stating their refusal to return home as long as the violence persists.”

Any possibility for the parents to appeal to the Supreme Court against the Provincial Court’s ruling was ruled out at the time, and their subsequent complaint has been dismissed. The court found no compelling reason to overturn the decision of abandonment.

The Supreme Court took into consideration a psychosocial report conducted on the children, concluding that the children’s best interests must be prioritized, given that reuniting them with their parents is not an absolute and unconditional principle.

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