For some time now, Argentine legislation and the international agreements signed have allowed legal assistance for minors to be made possible through the figure of the “Children’s Lawyer”. In San Juan there are already witness cases, such as that of a process being processed by the First Family Court, in which the minors have already chosen their lawyer.
With the entry into force of the Civil Code in 2015, substantial prominence was given to minors, from the right of the minor to be heard, having the possibility to express their opinion freely in all matters that affect them, taking into account their opinions, depending on the age and maturity of the child. According to what has been stated, the child has the opportunity to be heard in any judicial or administrative procedure in which he or she is affected, either directly or through a representative or an appropriate body.
The intervention in a judicial process of a lawyer separate from the parents implies recognizing the child in his condition as a subject of law, and therefore his right to individual and particular technical assistance, regardless of his age and degree of maturity.
According to the norm, the figure of the Children’s Lawyer “who must legally represent the personal and individual interests of children and adolescents before any judicial or administrative procedure that affects them, without prejudice to the promiscuous representation exercised by the Child Adviser “Incapable.” In the Civil and Commercial Code it is marked in its article 26.
With the approval of the Family Procedural Code by the Judiciary of San Juan, the figure of the child’s lawyer is subtly suggested in different articles of that legal body, as when it refers to processes with people in vulnerable situations, which are those who, due to their age, gender, sexual orientation, etc., encounter difficulties in fully exercising their rights before justice. It also establishes that in the processes, people with disabilities, restricted capacity and children and adolescents have the right to be heard in the processes that involve them, their opinion being valued according to their degree of discernment and the issue debated in the process.
THE CASE PROCESSED IN SAN JUAN
In the First Family Court, headed by Marianela Lopez, it was ordered that the minors involved in the case appear with a legal representative in the process, regardless of whether their parents were represented by a lawyer.
In this context, the Court ordered that in accordance with the principle of progressive capacity of minors, and in order to ensure their best interests and give them the possibility of being heard in this judicial procedure, they would express their opinion when requested. , during the process, and they were invited to actively participate in the trial through a legal representative, choosing the minors to be represented by the lawyer Vanesa Débora Mestre, a lawyer who has acted in different cases with repercussions.
The case is aimed at the request for loss of parental responsibility for one of the parents, who abandoned his three children when they were small, today some of them are teenagers and when the father reappeared, the children began to suffer fears and somatize, At the same time, they are not willing to reestablish the bond, given that there was not even telephone contact for many years, all due to the decision of the parent who made the decision to go with a new partner. They also don’t want to take their last name.
The minors were raised by their mother, and with the help of their family they managed to get ahead.
2023-09-15 05:16:26
#brothers #opted #figure #childs #lawyer #defend #father #abandoned #children
