As of this Friday, parents involved in a criminal process for gender violence will not be able to enjoy a visitation regime for their minor children, when the reform of the Civil Code that puts an end to these contacts comes into force.
The reform was included in a law passed before the summer with another objective, that of ending the judicial incapacitation of people with intellectual disabilities.
Among the numerous modifications to the Civil Code that were addressed in that law, the Senate decided to reverse article 94, which included the right of parents who do not have their minor or disabled children with them to visit and communicate with them.
With the approved reform, in force since September 3, the judge will not establish a visitation regime, and will suspend it if it exists, when the parent is involved in criminal proceedings for attempting against life, assaulting or abusing the partner or of the children, and also if he appreciates “well-founded indications of domestic or gender violence”.
The judge is allowed to authorize the visits in a “resolution motivated in the best interests of the minor” and “after evaluation of the situation of the parent-child relationship”, although in no case may this step be taken when the parent in question is in prison , provisional or firm, for the aforementioned crimes.
The law for the protection of children has already taken a first step
The reform was published in the Official State Gazette on June 3, and a few days later the lifeless body of Olivia, the 6-year-old girl kidnapped along with her sister Anna, of one, was found in the sea of Tenerife. father, who did not return the minors to their mother on the agreed day.
At the end of that month the law for the comprehensive protection of children and adolescents against violence, which took a first step to restrict visits to abusers by reforming the criminal procedure law.
As established then, when a protection order is issued with measures of criminal content and there are well-founded indications that the minor children have been able to witness or suffer domestic violence, the judge must suspend the visitation, stay or communication regime of the accused with minors.
The main objective of these measures is to protect minors and combat the so-called vicarious violence, which abusers exert on their children with the aim of causing the greatest possible harm to their partners or ex-partners.
Most of the 40 murders of minors at the hands of their parents or their mothers’ partners or ex-partners since 2013 occurred after the separation, divorce or when the woman started a new romantic relationship.
A figure in which the murder on August 24 of a two-year-old boy in a hotel in Barcelona has not yet been included. The Mossos d’Esquadra continue, at the moment without success, the search for the father, Martín Ezequiel Álvarez Giaccio, for his alleged relationship with the death of the minor.
Since 2015, according to the law for the protection of childhood and adolescence, minors exposed to a situation of gender violence are considered victims of it.
According to the latest macro-survey of violence against women, more than 1.68 million children live in homes where their mother is attacked by their partner or ex-partner and in 51.7% of cases, abuse of the mother has been accompanied by child abuse.