Regulates The Right To Visit Children Under The Tutelage Of One Of The Parents


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("Sole article.-Introducense the following modifications in the law Nº16.618 on minors: 1. Insert in the number 1) article 26, between the first comma (,), which happens to be the semicolon (;), and the verbal form"", declare the following:" establish, in case of disagreement between the parents, the way that it has to make use of the right referred to in article 229 of the Civil Code as well as suspend or restrict its exercise, as appropriate, and ".
2. replace article 48 by the following: ' article 48.-where the child's parents live apart, and they have not agreed to the form that the parent who does not have the care of the child shall continue with a direct relationship and regular, either of them may ask the judge of juvenile lyrics that you adjust it. You can also ask the Court to modify the regulation which has been established by agreement or by court ruling, if it is detrimental to the welfare of the minor.
If subjects to court the determination of the person who shall exercise the care of the child, and not the way in which this will relate to the father or mother who is deprived of personal care, the resolution shall act ex officio on this point, with the merit of the history contained in the process is debatiere.
If, for reasons attributable to the person to whose care the child is to frustrate it, slow or impede in any way the relationship in the terms in which it has been established, the father or mother who is to exercise it may request the recovery of the time not used, what the Court will have prudently.
When the father or mother where the relationship with the child fails to comply, unjustifiably, as agreed on the exercise of the right or the established by the Court, it may be urged to give compliance, under penalty of ordering his suspension or restriction, which shall be without prejudice to that will enact constraints when they proceed in accordance with the third subparagraph of article 66.
Without prejudice to the provisions of the preceding paragraph, the suspension or restriction of the exercise of the right by the Court will proceed when clearly harms the well-being of the child. If serious and qualified background justifying it are accompanied, you can temporarily access the request. The Court resolution shall be founded and, when it is needed for proper compliance, you can request to be put in knowledge of third parties that may be involved, as the managers of the educational establishment in which he studied the minor.
The judge, after hearing the parents and the person having the personal care of the child, may confer right to visit relatives individualized, on such terms and conditions as shall be determined, when it seems clear the convenience for the child; and it may also suppress it or restrict it when it would impair their well-being.
Article 48 bis.-concerning claims to direct and regular relationship with the child referred to in the preceding article shall be handled as incident, with the following modifications: to) transfer will be given to the defendant by fatal within five days, regardless of the place where you are in at the time of be notified.
(b) the notification shall be governed by the provisions of article 35.
(c) whether to evacuate the shuttle the respondent simply accepts the requests of the complainant does not contradict in form substantial and relevant facts about that versa judgment, or the deadline without that has been answered the demand, the Court will resolve the request outright, with the merit of the background.
If, on the contrary, the respondent opposes the claims of the plaintiff with arguments that obtains the matter, the judge will set the opportunity in which you will hear the child and will be mentioned parties to an audience of conciliation and test a day not earlier than the fifth or subsequent to the fifteenth from the date of notification of the decision.
If not there is conventional or judicial regulation of the relationship to the child and demand also requests that it be regulated temporarily, the Court shall take a decision at the time to summon the parties to the conciliation and trial hearing, with the merit of the background which is available.
(d) when the parties wished to give testimony, they must submit the list of witnesses within the three days following the notification of the decision which cites the conciliation hearing and proof. Witnesses may only declare before the Court to know the cause and are only allowed to declare up to two witnesses for each part.
In the same brief and fatal period must request the expert evidence, the acquittal of positions and accompanied or request display of all the documentary evidence that has failed previously. Judicial confession can only ask once for each part and positions must acquit himself at the hearing test. The respective statement of positions shall be delivered to the Court when starting the hearing. The subpoena of witnesses and the absolvente shall be notified by registered letter or card. The subpoenaed person to acquit positions is obliged to attend personally, will be cited only once for the purposes specified in Article 394 of the code of Civil procedure and will not have application as provided in the second paragraph of this legal precept. Where requested report of experts, its designation should be made at the hearing by the Court, corresponding to determine its origin and the points on which expertise, with the payment of fees to the party requesting such diligence will fall.
Judge, if it considers it necessary, you may impose, ex officio or upon request of a party, the citation of the relatives to the hearing test or as a measure for best to resolve.
(e) if not are all parties to the hearing, it held that attend. At the conclusion of the hearing will quote the parties to hear judgment, understanding reported by single inclusion of that resolution in the corresponding Act, and compliance will be given to the provisions of article 91 of the code of Civil procedure. ".
3. replace the fourth subparagraph of article 49, by the following: "Regulated the right to that referred to in article 229 of the Civil Code by court ruling or compromise approved by the Court, also require the authorization of the father or mother in whose favor was established.".
4 be replaced, in the third paragraph of article 66, the expression "regime of visits" "exercise of the right referred to in article 229 of the Civil Code".