July 4, 2016

Attorney Núria Angulo from Girona wins an appeal to the TSJC regarding child custody

The news appears published in the Punt Diari of Girona

THE CUSTODY IS WITHDRAWN FOR INSULTING MOTHER 

PUNT DIARI DE GIRONA 06/12/14 02:00 - GIRONA - NÚRIA ASTORCH

The civil chamber of the Superior Court of Justice of Catalonia (TSJC) has issued a judgment in which a mother was claimed to have claimed sole custody of the daughter, alleging the hostile and vexatious conduct that the father maintained with her, at the stroke of insults, and that affected the minor. Until the resolution of the TSJC, custody of the minor was shared.

The TSJC has partially accepted the appeal that the mother filed against the sentence handed down at the time by the Girona Provincial Court and which had previously been issued by the first instance court number 3 of Santa Coloma de Farners in relation to the custody of the daughter. In both sentences, the mother's request to retain sole custody of the daughter was rejected.

The mother's lawyer, Nuria Angulo, explained that the interest of the TSJC ruling is due to the fact that, without departing from the favor filii principle (benefit of the minor), the court considers that the father's verbal contempt and humiliation behavior towards the mother in the presence of the minor are acts of sexist violence even if there is no firm resolution in the area of ​​gender violence or they are not criminalized. Specifically, the TSJC speaks of "founded evidences" to attribute exclusive single-parent custody in favor of the mother.

The lawyer makes a very positive assessment of the decision of the TSJC because it sets a precedent for similar cases. "The sentence will compel both the court of instance and the Provincial Court to evaluate, case by case, what would be the best regime for the minor without falling into the automatic application of the attribution of shared custody," Angulo argues. The mother's lawyer understands that the degrading behavior of one of the parents towards the other is sufficient to undermine the child's self-esteem. And she adds that the maintenance of shared custody of the daughter was not, in this case, for the benefit of the minor, but quite the opposite.

To read the full article originally published in Catalan, click here.

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