Settlement of the guard, as an instrument for the children’s safety

The settlement of the custody of the children, it is essential to ensure the stability of the emotional and legal entities, while protecting the rights of the child, and to fostering an environment that is family-friendly, healthy.

In the custody of the minor children is one of the topics that are most vulnerable and high-impact in-Law in the Family, because it is directly linked to the protection of human dignity, and the full development of the child and the adolescent. In the context of dissolution of the marriage is to be for a divorce, legal separation, or termination of the common law, the definition of the guard may not be merely an informal or unspoken. It is essential that the definition is clear, formal, and coated with legal validity, and ensuring the predictability, stability, and security for the child, and that is the most vulnerable part of this process.

In this scenario, the settlement of the guard, is emerging not only as a formal procedure, but like a real instrument for the protection of an integral, contributing to the formation of a family environment that was safe, emotionally healthy, and is legally protected.

The concept of the store on the Right to brazilian

In the brazilian legal system, the office of the keeper is governed in particular by the art. 1.583 Code Civil1, it offers two modes: the left line and in the joint custody. The first one assigns it to one of the parents or, in exceptional cases, to a third party of the charge exclusively to make decisions regarding the life of the child, such as issues related to health care, education, religious and moral training. The parent who does not have custody has the right of life and the duty to oversee the best interests of the child or young person.

In turn, joint custody is in the division the balanced the responsibilities of parenthood, regardless of the residence of the physics of the child. Both parents participate in the key decisions, and promoting co-responsibility and co-operation in the formation of the child. This method has been further reinforced by the law, 13.058/14, which established it as a rule, in the second paragraph of art. 1584 of the CPC2, even at the risk of loss or litigation, except for cases in which one of the parents is to express unwillingness on the left, or when there are no elements that indicate the likelihood of a risk of domestic violence or family member, this is your last chance has been included by the law in 14.713/23.

It is interesting to note that the guard is not to be confused with the physical possession of the child. The concept encompasses not just the living of daily life, but in the exercise of the power of the family in its entirety. You should, therefore, be seen as a legal instrument which is designed for the protection of the rights of the child, and your app will always comply with the principle of the best interests of the minor, as outlined in the Constitution, the Statute of Children and Adolescents (law 8.069/19903) and by the international treaties ratified by Brazil, such as the un Convention on the Rights of the Child, united nations.

The proper definition of the left is, therefore, a central element in the structure of the parent-child relationships, post-dissolution of the union of husband and wife, and it is essential to ensure the stability of the emotional, the physical and legal status of the child, in accordance with the fundamental rights to which they are provided.

The function is protective of the settlement on the left

The settlement of the care and custody of a minor child, far from being a mere act of doing this, it is like a veritable instrument for the comprehensive protection of children and adolescents. When you sign up for a half of a court judgment or approval of the agreement, the duties and the responsibilities of parenting, it can create an atmosphere of predictability, security and stability in the law that is fundamental to the development of physical, mental, emotional, and psychological-of the child.

In the context of a separation, or a dissolution of the union as husband and wife, the absence of a legal definition of custody can generate the recurring conflicts between the parents has a negative impact on the daily routines of a child and commit to your health, mental, and emotional. Situations, such as making one-sided, sharp changes in the application, the absence of objective criteria, the division of responsibilities, and episodes of alienation, parental, are typical examples of the harm resulting from inaction and the regulation of the police.

In this sense, the closing of the guard is not the only means of protection for the children, but it is a duty of care on the part of the parents and the State. It ensures that the enforcement of the fundamental rights set out in art. 227 of the Constitution of Federal4, which is that it is the duty of the family, of society and of the State to ensure children and adolescents, with absolute priority, the right to life, to health, to education, right to dignity, respect, freedom and family. To the left of the duly established, it’s also possible that those rights are to be exercised in a manner independent of their parents, to respect the ties of friendship, and ensuring the stability of family relationships.

In addition, the left settled favor of the exercise of the power of family-of-way, balanced diet, and avoiding abuses, and promoting the coparentalidade in charge. It allows, for example, access to public and private services in a way that facilitated the implementation of administrative decisions and the responsibility in the case of a breach of the duties of parenting. It is as essential to the protection of the child from the effects of the breakdown of cohabitation of husband and wife, thus preserving their right to a continuation of the ties of friendship, and life that is in harmony with both your parents.

The consequences of the absence of a settlement on the left

In the absence of a settlement official custody, either by court order or by agreement with the approved, you commit directly to the stability and protection of the child or young person. This is the default, which undermines the exercise of the power of family, and it can have serious consequences for the legal, practical and emotional, for both the minor and the parents.

In the legal aspect, and the lack of definition on the left makes it more difficult for the performance of acts of civil life, that it require verification of parental authority, such as school enrollment, medical care, or for inclusion in a health insurance plan, the issuance of passports, visas, obtaining official documents and access to social security benefits. In many cases, the institutions, both public and private, require proof of the guard to allow for such a procedure, and in the absence of such a document cannot be or is it slows down the response to the needs of the child.

In addition to this, the markets will be promoted recurring conflicts between the parents and, when the voltage of the family, as well as affecting the mental state of the child. In the absence of a clear set of rules about intimacy, decision making and responsibilities of parenting tends to lead to constant disputes, which exposes the child to an environment of insecurity, emotional, and psychological.

The other risk, it is important for the occurrence of alienation, parental, as provided for in the Law 12.318/105, which is in the handling of the child or teen to keep her away from the other parent. When the guard is not defined, it becomes more and more difficult to identify, and deter this type of conduct, all of which can seriously compromise the bond of family, and the emotional development of the child.

In the end, the lack of a settlement that prevents your legal responsibilities in case of an omission, or negligence on the part of one of the parents, making it more difficult for measures such as the revision of the food, and requests for modification of custody, the regulation of on-site visits or application of the protective measures.

In this scenario, the settlement of the guard, it is essential to not only act as an organization the family, but as a true measure of the protection of the child. To formalize his / her parental duties, and to ensure the rights of the child, to promote the peace of the family relationship, to avoid the criminalization of unnecessary, giving the integral protection of children, as required by brazilian law.

Concluding remarks and perspectives for the future

The settlement of the guard must be understood as fundamental to the protection of children’s education, and not just as an act of doing this. To formalize the responsibilities of parenting, it ensures an environment of stability, predictability, and caring, and contributing to the emotional well-being, and legal problems of the child.

In addition to the prevention of conflicts and to ensure the rights of the guard, is legally defined fulfills the constitutional principles of the dignity of the human person, and the priority of the rights of the child and the adolescent.

For the future, it is essential that the Judiciary to act with awareness, and that policies to encourage responsible parenthood, family mediation, and with the support of their families. Commit to a culture of left theory, is to invest in the education of the links are healthy and full development of children and adolescents, which is in line with the values of a Democratic State of Law.

1 Art. 1.583. On the left is a unilateral or shared. (As amended by the Law no. 11.698, 2008).

2 Art. 1.584. On the left, unilateral or shared may be able to be: # 2, When there is an agreement between the mother and the father, and of the custody of the child, with both parents, and able to wield the power of the family, it will be applied to the joint custody unless one of the parents to tell the magistrate that you do not want custody of the child or teen or when you have elements that indicate the likelihood of a risk of domestic violence or family member.

3 of the Law no. 8.069/1990:
Art. 1 of This Act contains provisions on the comprehensive protection of the child and the adolescent.
Art. 3 in The child and teenager enjoy all the fundamental rights inherent in the human person, without prejudice to the full protection of this Law is to ensure to them by the act or by any other means, for all the opportunities and facilities in order to facilitate the development of the physical, the mental, the moral, the spiritual, and the social conditions of freedom and dignity.
Ii. All the rights provided for in this Act shall be applied to children and adolescents, without discrimination on grounds of birth, family status, age, sex, race, religion, ethnicity or color, religion or belief, disability, personal development, e-learning, economic status, social environment, region, and place of residence or the condition that distinguishes individuals, families, and the community in which they live.

4 Art. 227. It is the duty of the family, of society and of the State to protect the child, the adolescent and the young man, with absolute priority, the right to life, to health, to food, to education, leisure, professional training, culture, dignity, respect, freedom and family and community, in addition to putting them safe from all forms of negligence, discrimination, exploitation, violence, cruelty, and oppression.

5 of the Law nº 12.318/2010:
Art. 2, it is Considered an act of alienation, parental interference in the psychological preparation of the child or adolescent is promoted or triggered by one of the parents, the grandparents, or that you have a child or young person under the authority, control or supervision to which repudie a parent, or that it may cause harm to the establishment and maintenance of links with the east.

https://www.migalhas.com.br/depeso/428078/regularizacao-da-guarda-como-instrumento-de-seguranca-infantil