This custody regime is regulated in article 92 of the Civil Code and is understood as whatsapp australia contact number the role of the parents to live with, care for and assist their children in cases of marital crisis. The Courts and Tribunals are increasingly more open to establishing this regime since it is the best way to make effective the right of children to interact with both parents.
However, there may be a breach of shared custody by one or both parents.
First of all, we must know that, in principle, it is a civil breach (after the reform of the Penal Code, it is no longer a crime), so if it is a minor case, it is not appropriate to file a complaint but rather to request the execution of the sentence .
Sometimes this breach is of a serious nature, for example, the minor is not handed over to the custodial parent. The Courts and Tribunals indicate that the breach cannot be anecdotal, defective or justified. It must be a total and serious breach of what has been established judicially, there must be a will to hinder compliance with the regulatory agreement and prevent the other parent from exercising his or her rights.
If you have a shared custody arrangement and you find yourself in this situation, the other parent does not hand over the child to you or refuses to do so, is it worth reporting it to the police? Following the reform of the Penal Code in 2015, this type of breach is no longer a crime. When a father or mother goes to the police station to report this situation, the Police Forces in most cases say that they cannot do anything.
If the agents fulfill their role, what they will do is contact the other party and try to mediate , in addition to putting everything that happened in writing.
The next step is to initiate enforcement proceedings in court. In other words, if there has been a breach of the judgment, you request that the court enforce the judgment and issue an order requiring compliance with the judgment.