The Civil Chamber annuls the judgment of the Provincial Court and considers that the meeting with his four-year-old daughter is harmful
SANTA CRUZ DE TENERIFE, Oct. 6 (EUROPA PRESS) –
The Civil Chamber of the Supreme Court (TS) has suspended the visitation regime between a father, convicted of gender-based violence against his wife, with the aggravating circumstance of recidivism, and his four-year-old daughter, understanding that the “psychological imbalances ” that the parent currently suffers prevent him from playing his parental role.
The court indicates that, according to the Public Prosecutor, in this case the interest of the girl requires the suspension of the established communication regime, notwithstanding that this measure be reviewed if a change in the current circumstances is verified.
The sentence explains that the father must, “if he has a serious and real purpose of communicating with his daughter, control his impulses and his situation of dominance derived from gender violence that has not been overcome, which constitutes a terrible model and a manifest obstacle to suitability to play the paternal role, with respect to a four-year-old girl”, collects a note from the Supreme Court.
The Chamber upholds the appeal filed by the mother of the minor in which she requested the suspension of the visitation regime for the father and daughter, which was set at two weekly visits lasting an hour or an hour and a half and supervised at the Point of Family meeting.
A court in Granadilla de Abona (Tenerife) established this system for when the father was released from prison, where he was serving a sentence for continued crimes of breach of sentence, mistreatment and minor threats in the field of gender violence, with the aggravating circumstance of recidivism in the last two crimes.
The Provincial Court of Tenerife confirmed the judgment of instance and justified the decision to maintain the father-daughter communication system in that, despite the serious circumstances that the defendant concurred in, they were visits of very short duration, at a Meeting Point and protected, so it considered that these precautions were sufficient to avoid any harm to the girl and to normalize parent-child relationships over time.
The appealed judgment has now been annulled by the Supreme Court.
EPISODES OF GENDER-BASED VIOLENCE AND PSYCHOLOGICAL REPORT
The Chamber starts from the episodes of gender violence and affirms that they imply “a contempt for the most important person in the life of the minor, in a situation that is also not overcome, as stated in the psychological report prepared, from which that the defendant reacts in a verbally violent manner towards the girl’s mother, showing patent, current and persistent rejection towards her”.
He adds that “his relationship problem is entrenched and his previous model of behavior pejoratively affects the assumption of the paternal role, with risks for the minor due to the induced disfigurement that may be affected by the consideration and esteem he has for his mother. “.
The sentence, presented by Judge José Luis Seoane, indicates that the meeting point report states that the parent is an aggressive person and that the integrity of the minor in his company without supervision is not guaranteed.
He recalls that in his psychological examination he describes himself as impulsive and aggressive with alcohol problems and that at the age of 17 he was already a polydrug addict, recounting violent episodes in which he has been immersed.
In the psychological report, according to the sentence, it is stated that he is furious most of the time and freely expresses his anger and hostility and also refers to the fact that there is a history of psychiatric treatment since he was 10 years old, and that it is not proven that, currently , continue with the therapeutic and pharmacological indications that were prescribed.
The expert opinion concludes — the judgment specifies — that she has psychological maladjustments that do not allow her to provide her daughter with the emotional, cognitive and behavioral resources necessary to face, in a flexible and adaptive way, her parental exercise, for which reason communication with her daughter should be supervised, where appropriate, by specialized technicians.
PARENTAL SELF INTEREST
The Chamber also describes that the father has not expressed interest in maintaining contact with his daughter and that his relations with her, before the conflict was prosecuted, were really scarce, as the defendant himself acknowledges.
He also adds that he did not appear in the proceedings, “with which he shows no interest in establishing a system of communication with his daughter, who observes, reluctantly and unwillingly, as if it were a kind of judicially imposed obligation, they do not attend , in this case, emotional ties and secure attachment between father and daughter”.
The judgment also underlines that “the serious psychological maladjustments that the father currently suffers from determine his lack of ability to assume parental functions, which places the minor in a situation of vulnerability, due to the negative repercussions on his person, when, in addition, due to his short age, lacks the necessary springs to control a situation of this nature”.
Consequently, it does not see that, “in this specific process, due to the set of circumstances set out above, which cannot be extrapolated to other cases, the preferential interest of the minor entails the maintenance of the predetermined communication regime with her father, which, moreover, she denies “.
