QCOSTARICA — The new rules of the Family Procedural Code that came into effect this year cover several situations that could arise, especially in cases where there are children and pension or visitation regimes.
“The principle of the best interest of the child is reinforced, as well as the obligation of judges to promote equitable solutions so that minors can spend time with both parents. Even when they do not live with them,” explained Maripaz Sancho, a law professor at the Universidad Fidélitas.
“In cases of disagreement, the Code establishes judicial mechanisms to ensure a cohabitation regime that allows guaranteeing equity on these special dates, without failing to take into consideration the voice of the minor,” she added.
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The expert emphasizes that there are always parameters of emotional stability, avoiding family conflicts and respecting their routines. Everyone must influence when making decisions regarding minors.
This also implies the need to plan ahead and be flexible in the face of possible changes. So that children do not suffer significant changes in their family environment and feel safe during the holidays, regardless of which parent they are with.
What to do if there are Family Law conflicts?
Although dialogue is always an option, in the case of disputes, Family Law sets some parameters for specific cases. Examples include:
- Conflicts of coexistence: if one of the parties does not respect the time shared, it can be escalated to the judicial route. There, the Family Judge has the power to impose sanctions or modify the interrelationship regime. In addition, the new Code has open the possibilities of conciliation to avoid a major dispute.
- Cases of conciliation: before or during a process, a mediated or more friendly solution can be sought. The chance is open as long as there are no situations of violence or vulnerability, to provide faster solutions.
- The emergency judge: Family Courts have staff working on these dates and could resolve emergencies. Examples include possibilities such as modifying provisional agreements, ordering protective measures or authorizing medical or educational care for minors.
- Travel: in shared custody, an agreement must be reached. If consensus is not reached, one of the parents can request judicial intervention. The judge will assess the best interests of the child and the risks associated with the trip.
- Minors have the right to express their opinion: the Family Procedural Code also grants minors the right to express their wishes about who they want to spend the holidays with. However, this right is not absolute. Judges must evaluate whether the wishes of the minor are consistent with their emotional well-being and if they are aligned with their comprehensive development.
Some key tips
As a summary, the Family Law expert lists key tips such as:
- Plan in advance: agree on the distribution of the holidays in advance, respecting the needs of the children and the interests of the parents.
- Be flexible in the face of unforeseen changes, allowing children to spend time with both parents without causing them stress.
- Respect routines: try to avoid alterations in family schedules or relationships to avoid inconveniences.
- Talk cordially and negotiate always prioritizing the well-being of the minor.
Beyond the Code and the laws
In parallel to the legal issues, the professional approach to family holidays also contemplates the social attention of the issue.
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Psychologist Álvaro Solano highlights there that the state of minors from separated families must be monitored. Aspects of how the distance is can generate feelings such as uncertainty and ambivalence, which can even intensify during the holidays.
“The separation or divorce of parents always has an emotional impact on children. However, during significant dates such as the end of year celebrations, feelings such as melancholy, sadness and ambivalence tend to intensify, preventing children and adolescents from fully enjoying these celebrations,” Solano stressed.
Among other points regarding family care, the suggestion is to avoid the feeling that there are “sides” and not to generate social pressure.
Holidays can be a time when families are separated due to divorce or separation, but there are ways to make the holidays special for children and ease the pain of separation.
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Divorced or separated parents can prioritize their children during the holidays to provide a sense of unity and continuity, spend time together with their children to help them feel a sense of normalcy. When deciding who to visit on holidays, parents can communicate honestly and be willing to compromise.
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