April 16, 2021

Justice rejects the request of a father who alleged humanitarian reasons to renounce the patria potestas of his children | My rights section

Justice rejects the request of a father who alleged humanitarian reasons to renounce the patria potestas of his children | My rights section



Parents they can not renounce exercising parental authority of their children even if they behave badly and become violent. This is dictated by a recent sentence (whose text can be consulted here) who rejects the recourse of a father who he alleged humanitarian reasons to renounce the parental authority of their two teenage children. The court reminds you in your judgment that paternity it is not a waivable right, and that also implies duties, such as the care and training of minors.

Violent teenagers

The man, neighbor of Palma, requested the renunciation of parental authority and the extinction of the maintenance of food of their two teenage children through the modification of the measures agreed in the divorce decree. In his complaint he described a seriously conflictive situation, with violent episodes in which the minors came to threaten him with death. The unusual request was based on the misbehavior of the adolescents, who lived with the 80-year-old maternal grandmother because the mother "did not want them at home". With the petition, he attached medical reports of intoxications for drug use and school absenteeism of his children, and of the serious illness he suffered and prevented him from working.

It is not waived

The Audience of Palma refused the father's request because "parental authority is not a waived right". As the court explains, it is a "conglomerate of rights and duties" that "corresponds to those who have taken the decision to procreate a child" while he is not able to fend for himself.

The law only foresees the deprivation of parental authority in exceptional cases when there are "serious legal reasons" that affect the behavior of the parent, not of the children, underline the magistrates in their sentence. Given the enormous transcendence and seriousness of the measure, which is taken to protect minors, it must be based on "exceptional causes" that prevent the exercise of parental authority. It is not possible, therefore, to apply this legal possibility analogically to the case alleged by the plaintiff.

In the specific case, the court declares in its resolution, the situation of adolescents "would not improve with the postulated measure", which, they add, is not legally envisaged. The scenario described by the demanding father reflects, the magistrates point out, a situation of the minors "that must be attended to in order to safeguard their interests and adequately protect their development, formation and relationship with their parents", which is not possible with the requested measure.

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