Wolfenson Lawyers provides legal advice to regulate or demand in court a visitation regime for the minor.
The direct and regular relationship is one that aims to maintain the family bond between the father or mother who does not exercise personal care and their son or daughter, through regular and stable contact, involving a communication regime.
The Convention on the Rights of the Child (international treaty signed and ratified by Chile) recognizes the direct and regular relationship as a right of the child who is separated from one or both parents, to maintain personal, direct and Regular with both, unless this is contrary to their best interests. Thus, if the exercise of the direct and regular relationship damages the well-being of the child, it should be suspended or restricted, as the case may be.
Wolfenson's attorneys place an emphasis on the rights of minors.
Here is a legal guide to provide you with guidance on the child visitation regime:
What it is direct and regulate?
A direct and regular relationship is understood to be one that tends to maintain the family bond between the father who does not exercise personal care and his son through regular and stable contact.
Who has the right to maintain a direct and regular relationship regime?
The father or mother who does not have personal care will have the right and the duty to maintain a direct and regular relationship with him, which will be exercised with the frequency and freedom agreed directly with the person who has him in his care in the conventions to which refers to the first paragraph of article 225 of the Civil Code , or, failing that, with which the judge deems appropriate for the child, for example, grandparents.
Is mediation necessary before filing a claim?
Yes, prior mediation between parents is required. For the determination of this regime , the parents, or the judge in his case, will promote a healthy and close relationship between the father or mother who does not exercise personal care and their child, ensuring the best interests of the latter, their right to be heard and the evolution of their faculties , and especially considering:
The age of the child;
The emotional bond between the son and his father or mother , as appropriate, and the relationship with his close relatives;
The personal care regime of the child that has been agreed or determined, and
Any other element of relevance in consideration of the best interests of the child.
The judge must ensure their greater participation and co-responsibility in the child's life , establishing the conditions that promote a healthy and close relationship.
The father or mother who exercises personal care of the child shall not hinder the regime of direct and regular relationship established in favor of the other parent, in accordance with the provisions of this article.
When can the direct and regular relationship regime be suspended?
The exercise of this right will be suspended or restricted when it manifestly harms the well-being of the child , which the court will justly declare . The son has the right to maintain a direct and regular relationship with his grandparents . In the absence of an agreement, the judge will determine the modality of this relationship, considering the child's interest , in accordance with the criteria of article 229 of the Civil Code.
How can the direct and regular relationship be regulated?
It is possible to regulate it -in general- in two ways. In the first place, the direct and regular relationship and therefore the communicational regime can be regulated by mutual agreement through a public deed or an extended act before a Civil Registry officer, and must subscribe outside the birth certificate within a period 30 days from the date the instrument was granted. In the event that the parents do not achieve a regulation by mutual agreement , it may be requested that the direct and regular relationship be declared judicially by virtue of a demand by a lawyer - after frustrated mediation -, in this case the family judge being the in charge of setting the regime according to the background presented and offered by the parties in their respective demand and response briefs .
What do I need to demand the direct and regular relationship?
In order to file a visitation request (direct and regular relationship) , the parents must first go through a procedure called “mediation” . The mediator will help parents to come up with a solution that comes from themselves through sessions held outside the courtroom , in an environment that fosters understanding. If there is no agreement, the mediator will prepare a term certificate called “Frustrated Mediation Act” , indicating the reasons why the agreement was not reached. A copy of this act will be delivered to the applicants. Already in possession of the Frustrated Mediation Act , we will be empowered to file the direct and regular relationship lawsuit with the corresponding family court .
Can the right to visit be suspended?
The final paragraph of article 229 of the Civil Code establishes:
"They suspend or restrict the exercise of this cho dere when manifestly detrimental to the welfare of the child, which rightly declare the court."
This rule must be applied restrictively, because a right that not only affects the father or mother who does not have personal care , but also the child, is suspended or restricted , since, as has been seen, this is a right enshrined in the Convention on the Rights of the Child . Furthermore, the expression “manifestly”, together with the requirement that the court declare the existence of the damage “well-founded”, guarantees that the circumstances that make this limitation appropriate must be real and important , but not apparent or trivial. Wolfenson Abogados has lawyers specialized in family law .
Wolfenson Abogados provides quality legal advice, making it possible to exercise the right and duty of visits (Direct and Regular Relationship).
Links of interest on the Direct and Regular Relationship :
1.- Civil Code
2.- Chile Mediation
If you need more information and legal advice regarding the direct and regular relationship (visitation rights), we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.