April 19, 2021

They withdraw the custody of their children to a father for excessive smoking before them

They withdraw the custody of their children to a father for excessive smoking before them


The First Section of the Provincial Court of Cordoba has estimated the appeal of a mother against a ruling of the Court of First Instance that agreed the joint custody of their children of 10 and 13 years after a divorce, although now it is He takes custody of the father because he subjected his children to the smoke of his cigarettes in an addictive way.

According to the statement, which has been accessed by Europa Press, "both children spontaneously and without any sign of manipulation, because they do not complain about the current regime of shared custody, allude with great concern appreciated in their exploration as that have to endure a smoke-laden environment. "

In this way, eThe court notes that the two children give data that illustrate "the little interest that their father has in preserving them from the objective risk of being in a smoke-laden environment."

Specifically, the Court admits replacing the custody and shared custody regime with a maternal custody, after the mother's appeal was based on understanding that the interest of the minors was not respected with the previous situation.

In this sense, the magistrate Pedro Roque points out that the eldest son describes graphically when he recognizes that he slept in the room that has air conditioning with a mattress, after the father smoked there. In this situation, the court concludes, and in view of the need to avoid any situation of risk for minors, "It is evident that the father's behavior puts the health of minors at risk in an absolutely irresponsible way and without looking at anything other than his addiction. "

In addition, it states that "this room can not remain indifferent to this situation that harms the minors in their health, It would not be logical for minors to not protect themselves in their home from what society takes great care to protect for any citizen, major or minor in public places. "

Meanwhile, the Audience establishes a regime of visits and stays in school holidays in favor of the father, but "with warnings derived from the risk for minors to smoke in their presence in closed places as he has been doing so far, "while he will be able to have with his children minor alternate weekends to the same extent that had already been agreed, as well as two days during the week, Tuesday and Thursday, which could be altered by agreement of the parents ".

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