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Posts Tagged ‘family courts’

The Ministry of Justice, a proposal from the Commission on the Constitution, the Senate in April 2006, convened a Committee of Experts on family issues in order to make a diagnosis of the situation of the justice and propose solutions to the problems identified.

Additional Judges organic amendments law provides an important reinforcement to the current capabilities of the system by increasing by 95 judges (of 258 will pass 353) and 640 staff members (60 administrators, 309 advisers, 106 Heads of Unit, among others), from the current 1067 to 1707) for the whole country. A current family courts were injected $ 28 billion 603 million to add it to the spending system operating system (39 thousand million pesos). In purely numerical terms, it increased by 36% the provision of specialized judges and, in a 60% administrative staff.
Within the very organization of the family courts, according to the reality of their special procedure, provide for the creation of a new administrative unit: the unit of implementation or enforcement. The unit shall be responsible for developing the necessary arrangements for the proper execution of judicial decisions within the family proceedings are characterized by requiring a sustained compliance over time, which is added to the current structure, formed by four administrative units: living, public attention, management of causes, and services. The introduction of this new feature is the addition of 99 (check final number) additional employees to the system, who will assume the mission of a task of such importance as is the continued execution of judicial decisions.

This prevents a broken reenter the court ruling as a new cause. For example, if a person is not complying with the sanction of depositing monthly alimony (not meeting), the court declared that executive pay money through this specialized unit.

procedural improvements People who have some kind of conflict of these materials must first pass through a stage of mandatory mediation. Only when that has failed will be possible to resort to courts. The mandatory mediation is free for those unable to pay for their services and may be charged – wholly or partially, when the user has the resources to do so. Special treatment of leading causes demand through mediation (in regions progressive installation) of maintenance, personal care (custody) and direct and regular. Read the rest of this entry »

Fathers who are unmarried, can not find it easy to win visitation rights and custody of family courts. They must really fight to get legal rights to spend some time with their children because the law does not automatically grant permission for the same.

Surprisingly, the legal hassle is minor, although the name of his father registered the birth information on the child. But fathers can have joint guardianship of up to child’s mother. In this case is a legal agreement signed to give the father a better access to the child.

Custody of the child is assigned directly to the mother. At the time of birth if the parents are married, would the father have parental responsibility automatically. Otherwise, the father could still child even though he can not be given custody lawfully. Read the rest of this entry »