Introduces Modifications To Ca I Say Civil And Other Legal Bodies, In Order To Protect The Integrity Of The Minor Where Parents Live Apart

Original Language Title: INTRODUCE MODIFICACIONES AL CÓDIGO CIVIL Y A OTROS CUERPOS LEGALES, CON EL OBJETO DE PROTEGER LA INTEGRIDAD DEL MENOR EN CASO DE QUE SUS PADRES VIVAN SEPARADOS

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"Article 1.-Introducense the following modifications in the Civil Code, the revised, coordinated and streamlined text of article 2 of the decree with force of law No. 1 of 2000, the Ministry of Justice sets: 1.-reverse the order of the two clauses constituting article 222, leaving subsection first as the second and the second, as first."

2 replace subsection first article 224 by the following: 'article 224. Touch of hand in hand the parents or surviving parent, the personal care of their children. This will be based on the principle of shared responsibility, in virtue of which both parents live together or apart, will participate in active, equitable and permanent form in the rearing and education of their children. "."

3. replace article 225 by the following: 'article 225. If the parents live apart may determine by mutual agreement the personal care of children corresponding to the father, mother or both in form. The agreement will be awarded by public deed or act extended to any officer of the Civil Registry and must be subinscrito to the margin of the registration of birth of the child within thirty days subsequent to its granting. This agreement shall establish the frequency and freedom with which the father or mother who has no personal care will keep closely and regularly with the children and may be withdrawn or modified fulfilling the same solemnities.
Shared personal care is a system of life which seeks to stimulate the co-responsibility of both parents who live apart, in the rearing and education of the children, through a system of residence that will ensure adequate stability and continuity.
In the absence of the agreement of the first subsection, children will continue under the personal care of the parent with whom they are living.
In any of the cases set out in this article, when the circumstances so require and the best interests of the child makes it convenient, judge may attribute personal care of the child to the other parent, or submit the same in one of them, if there is some form of shared exercise by agreement. The above should be understood without prejudice to the provisions of article 226.
In any case the judge may exclusively found its decision in the economic capacity of the parents.
Whenever the judge attributed the personal care of the child to one parent, you must set, ex officio or upon request of a party, in the same resolution, the frequency and freedom with which the other parent who has no personal care will maintain a direct and regular relationship with the children, considering their interests, subject to the criteria in article 229.
While a new personal care concerning under-registration is not cancelled by another back, any new agreement or resolution shall be unenforceable to third parties. "."

4 merge, as article 225-2, the following: "article 225-2" In the establishment of the regime and exercise of personal care, shall be considered and weighted together the following criteria and circumstances: to) linking emotional between the son and his parents, and other people from their family environment.
(b) the ability of parents to ensure the welfare of the child and the possibility of securing an environment adequate, depending on their age.
(c) the contribution to the maintenance of the child while he was under the personal care of the other parent, and may do so.
(d) the attitude of each of the parents to cooperate with each other in order to ensure maximum stability to the son and the direct relationship and regular, for which deemed especially provisions of the fifth paragraph of article 229.
(e) the effective dedication that each parent sought the son before the separation and, especially, which can further develop in accordance with their possibilities.
(f) the opinion expressed by the child.
(g) the result of expert reports are ordered practice.
(h) the agreements of parents before and during the respective trial.
(i) the domicile of the parents.
(j) any other history that is relevant served the best interests of the child. "."

5 article 226 replaced by the following: 'article 226. The judge, in the case of inability to physical or moral of both parents, to entrust personal care of children to another person or competent persons, primarily to ensure the best interests of the child in accordance with the criteria set out in article 225-2 can.
The choice of these people is preferred to the closest inbred, and especially to ascendants. "."

6 adding, in article 227, the following third paragraph: "judge can push in the way established in the article 543 of the code of Civil procedure, who is sentenced by court ruling causes record, to make delivery of the son and fail or refuse to do so in the future that has been determined for these effects. Equal pressure incurred that retuviere species of the son and refuses to deliver them at the request of the judge. "."

7 repeal of article 228.

8. replace article 229 with the following: "article 229. The father or mother who does not have the care of the child shall have the right and duty to maintain with him a direct relationship and regular, which should be exercised with the frequency and freedom agreed directly with who has it in their care according to the conventions referred to in the subparagraph first of article 225 or, failing that the judge thinks fit to the child.
Means direct and regular relationship that tends to keep the family bond between the father or mother who does not exercise personal care and her son through a regular and stable contact.
For the determination of this regime, the parents, or the judge in his case, foster a healthy and closer relationship between the father or mother who does not exercise personal care and her son, ensuring the best interests of the latter, the right to be heard and the evolution of their powers, and especially considering: to) the age of the child.
(b) linking emotional between the son and his father or mother, as appropriate, and the relationship with their close relatives.
(c) the regime of personal care of the child that has been agreed or determined.
(d) any other element relevant to consideration of the best interests of the child.

It is that he is has judicially ordered the regime of direct relationship and regular or approval of agreements of parents in these matters, the judge must ensure greater participation and co-responsibility in the life of the child, establishing conditions that promote a healthy and closer relationship.
The father or mother who exercises the personal care of the child will not hinder the regime of direct and regular relationship that is established in favour of the other parent, subject to the provisions of this article.
It will suspend or restrict the exercise of this right when it clearly harms the well-being of the child, which will declare the Court founded. "."

9 merge, as article 229-2, the following: "article 229-2" The child has the right to maintain a direct relationship and regular with his grandparents. In the absence of agreement, the judge shall fix the modality of this relationship served the interest of the child, in accordance with the criteria of article 229. "."

10.-Introducense the following modifications in article 244: to) replace the second paragraph by the following: "In the absence of agreement, plays the father and mother altogether the exercise of parental authority.".
(b) Insert the following third sub-paragraph, passing current paragraphs third and fourth to be fourth and fifth, respectively: "However, parents may act either in acts of mere conservation. With respect to the rest of the acts, joint action will be required. In case of disagreement of parents, or when one of them is absent or impeded, or unjustifiably refuses, require judicial authorization. "."

11.-amending article 245 in the following sense: to) Intercalanse in first paragraph, between the terms "child", and "compliance" the words "or both".
(b) replace the second paragraph by the following: "However, by agreement of the parents or court ruling founded in the interest of the child, may attributed custody to the other parent or settle it in one of them if they jointly practicing it. In addition, on the basis of equal interest, parents may exercise it jointly. Shall apply to the agreement or the Court ruling sub-enroll standards provided for in the preceding article. "."
(c) add the following third paragraph: "In the exercise of joint parental authority, shall apply the provisions of the third paragraph of the preceding article.".