REGULATES THE RIGHT TO VISIT THE CHILDREN SUBMITTED TO THE COURT OF ONE OF THE PARENTS Having present that the National Congress has given its approval to the following Bill: '' Single article.-Enter the following amendments into the law. Nº16,618, on minors: 1. Intercalase in Article 26 (1), between the first comma (,), which becomes semicolon (;), and the verbal form 'declare', the following: '' to establish, in the event of disagreement between the parents, the way in which the right to exercise is to be exercised Article 48 of the Civil Code, as referred to in Article 229 of the Civil Code, and to suspend or restrict the exercise thereof, as appropriate, and ''. 2. Replace Article 48 by the following: " Article 48. agreed on how the parent who does not have the child's personal care will maintain a relationship with him direct and regular, any of them will be able to ask the judge for letters of minors to regulate it. It may also ask the court to amend the regulation which has been established by common agreement or by a judicial decision, if it is detrimental to the welfare of the child. If the determination of the person to whom the child's personal care is exercised is subject to a judicial decision, and the manner in which the child's personal care is related to the father or mother who is deprived of his or her personal care is not discussed. (i) a decision will be taken on this point, with the merit of the background of the proceedings. Where, for reasons attributable to the person in whose care the child is the child, the child is frustrated, delayed or in any way hindered by the relationship in the terms in which it has been established, the father or mother to whom it shall be exercised may request the recovery of unused time, which the court will provide prudentially. If the parent or mother to whom the relationship is maintained with the child ceases to comply, unjustifiably, the form agreed for the exercise of the right or the one established by the court, may be urged to give it compliance, under warning of a suspension or restriction, which shall not prevent the award of prizes when they come under the third indent of Article 66. Without prejudice to the provisions of the foregoing paragraph, the suspension or restriction of the exercise of the right by the court shall proceed when the welfare of the child is manifestly impaired. If a serious and qualified background is accompanied, the application may be provisionally accessed. The court's decision must be founded and, where necessary for its proper compliance, may be requested to be brought to the attention of third parties who may be involved, such as those in charge of the educational establishment in to study the minor. The judge, after hearing the parents and the person who has the personal care of the child, may confer the right to visit the relatives which he individualizes, in the manner and conditions to be determined, when it appears that the convenience of the child is manifest. less; and may also abolish or restrict it when it may harm its welfare. Article 48a.-The claims concerning the direct and regular relationship with the child referred to in the preceding article shall be dealt with as an incident, with the following modifications: (a) The defendant shall be transferred to the defendant for the fatal period of time. Five days, whichever is the place at which time you are notified. (b) The notifications shall be governed by the provisions of Article 35. (c) If upon evacuation of the transfer the defendant either accepts the requests of the plaintiff in a manner or does not contradict in a substantial and relevant manner the facts of the judgment, or the time limit has not been answered, the court It will resolve the request of the interested party, with the merit of the background. If, on the other hand, the defendant is opposed to the applicant's claims with arguments which reverse the case, the judge shall determine the opportunity in which he shall hear the child and shall cite the parties to a conciliation and probationary hearing for a day not earlier than the fifth and no later than the 15th spot from the date of notification of the decision. If there is no conventional or judicial regulation of the relationship with the child and the application is also requested to be regulated in a provisional manner, the court shall decide at the time of summoning the parties to the hearing of conciliation and evidence, with the merit of the background to which you have. (d) Where the parties wish to provide evidence of evidence, they shall submit the list of witnesses within three days of the notification of the decision making the conciliation and evidence hearing. Witnesses may only declare before the court that they know the cause and shall only be admitted to testify for each party. In the same written and fatal period, the expert evidence, the acquittal of positions must be requested and the exhibition must be accompanied or requested for the entire documentary evidence which has not been presented before. The judicial confession can only be requested once for each party and the positions must be cleared in the test hearing. The respective statement of positions must be submitted to the court at the time of the hearing. The summons of the witnesses and the absolent shall be notified by means of a certified letter or letter. The person cited to absolve positions is obliged to attend personally, shall be cited for once for the purposes provided for in Article 394 of the Code of Civil Procedure and shall not have application as provided for in the second subparagraph of that legal precept. In the case of a report of experts, their designation must be made at the hearing by the court, corresponding to the determination of their origin and the points on which the expertise falls, corresponding to the payment of the fees. to the party applying for such diligence. The judge, if deemed necessary, may order, on its own initiative or at the request of a party, the summons of the relatives to the test hearing or as a measure to best resolve. e) If all parties are not present, the hearing will be held with those attending. At the end of the hearing, the parties shall be summoned to hear judgment, having been notified of the sole inclusion of that resolution in the respective minutes, and shall be complied with in accordance with Article 91 of the Code of Civil Procedure. ` 3. Replace the fourth indent of Article 49, by the following: '' Regulated the right referred to in Article 229 of the Civil Code by judicial judgment or avenement approved by the court, the authorization of the father or mother shall also be required. "4." 4. Replace, in the third indent of Article 66, the expression 'regime of visits' for 'the exercise of the right referred to in Article 229 of the Civil Code'. Transitional Article.-The judgments which have been initiated prior to the validity of this law shall continue to be substantial, until the final judgment is given, in accordance with the procedure in force at the time of the notification of the application. '' Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, 10 January 2001.-RICARDO LAGOS ESCOBAR, President of the Republic.-José Antonio Gómez Urrutia, Minister of Justice. What I transcribe to you for your knowledge.-Salutes intently to Ud., Jaime Arellano Quintana, Assistant Secretary of Justice. Bill that regulates the right of visit to the children submitted to one of the parents. The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, In order to have this Court exercise the control of constitutionality in respect of the numbers 1 and 2 of the single article of the same, and by judgment of December 27, 2000, it declared: 1. That the precept referred to in the unique article, number 1), which amends article 26, number 1), of law No. 16,618, on minors, and the new article 48 of the same legal body, contained in the unique article, number 2), both of the draft referred, they are constitutional. 2. That it is not for the Court to rule on Article 48a incorporated into law No. 16,618, on Minors for the unique article, number 2) of the project, for dealing with matters that are not their own constitutional organic law. Santiago, December 28, 2000.-Rafael Larraín Cruz, Secretary.