Supreme Court revoked custody of mother of two because She lives with a new partner who abuses her and is convicted of gender-based violence for having attacked her in front of these minors and the two other children they both have in common. The High Court allowed the appeal brought by the father of the woman’s first two children and found that he was the one who has sole custody and custodywhile the mother will be able to see them under a visiting regime which must take place at the home of the aunts or maternal grandmother, with both parents sharing parental authority.
The Supreme Court shares the criterion adopted in 2022 by the court of first instance of Lorca (Murcia) in charge of the case, after the The father of the two children requested urgent measures in 2020 after learning that the Civil Guard He went to the house following complaints from neighbors and the fact that an investigation had been opened against the partner of the mother of his children for alleged gender violence.
In a judgment rendered on December 17, the magistrates corrected the Provincial Court of Murcia, which accepted the parents’ appeal, and recognizes that the decision separates the four siblings and restricts the mother’s relationship with two of her children “although she is a victim of gender violence”, because the protection of the best interests of the two minors takes precedence.
Prevent and protect children
The Supreme Court will communicate this sentence to the public prosecutor, so that it can assess If necessary, request new protection measures for both children that the parent later had with her abuser, whom she continued to refer to in her writings as her current partner without alleging a breakup. The magistrates emphasize that the status of the mother as a victim of gender violence “makes her worthy of all the necessary institutional and family protection”, but that this need “cannot be satisfied to the detriment or expense of the imperative protection of the best interests of her children”.
They argue that “It is an imperative legal duty to prevent and protect your children from all forms of violence.“If he victimizes this parent, “he does it more to the detriment of his children.” “We must protect above all two minors who are in training and developing their personality and who, moreover, cannot defend themselves in the face of the emotional impact that they undergo and which (…) causes an incontestable negative charge constituting a risk factor for the balance of your mental health“, states the sentence.
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