Non-compliance with the visitation regime is the order of the day in the courts, every day the courts have cases of a father or mother who has been denounced by the other parent. Until today, these matters were considered minor offenses, one parent reported the other at a police station, the procedure began without a lawyer, which concluded in a misdemeanor trial without costs, the judge imposed a fine or a sanction depending on the income of the accused.
With the reform of the Penal Code, these offenses are decriminalized and are no longer the subject of complaints. From now on, if a father or mother fails to comply with the visitation regime, which has been established by court resolution, she must initiate an enforcement procedure before the family court that issued the sentence. She will need a lawyer and attorney, and if she loses she will have to take care of the trial. If the Judge decides to sanction the accused, he will pay the costs and may require him to comply with the sentence under threat of financial sanction or even removal from custody.
With this legislative change, failure to comply with family obligations will no longer be considered a fault, which will affect cases of separation and divorce.
The new reform introduces a novelty that is the so-called trial on minor crimes, which is an adaptation to the current misdemeanor trials that will correspond to the investigating courts.
The new Penal Code does not affect the non-payment of alimony to children, which will continue to be considered a crime of family abandonment and, therefore, it can be reported criminally at a police station or in the court on duty. It is punishable by a penalty of 3 months to 1 year in prison or a fine of 6 to 24 months.
At ACC LEGAL ABOGADOS, we have lawyers who specialize in these processes. The first visit is free, do not hesitate to call us.
