- 15-2-2019 | Wolters Kluwer
The Provincial Hearing confirms the sentence of the court and although it recognizes the situation of the minors, who even threatened to him of death, remembers that the parental authority is not a renunciable right.
Isabel Desviat. - Quite desperate this father had to be to interpose a demand of modification of divorce measures, being solicitd that was to him distant the parental authority with respect to his two minor children and who was extinguished the nutritional pension that came paying to them.
It alleged in its demand that the children maintained bad behavior, of serious character, that had threatened to him of death, they consumed drugs, and they presented schellostic absenteeism. It also indicated that not even they coexisted with the mother, who showed the guard and guards, but lived with the maternal grandmother, already of 80 years.
The Provincial Hearing of Palma de Mallorca, in sentence of date 3 of past December (LAW 203891/2018), rejects the request, confirming what has been shelp by the Court of First Instance.
The parental authority is a set of rights that the Law grants to the parents on the person and goods of its children while minor and they are not emancipated. One is right-having, regulated so much in the Civil Code, as in the 1/1996 (LAW 167/1996) of Legal Protection of the minor.
As far as his extinction, she comes regulated in article 169 of the Civil Code (LAW 1/1889), being the causes the death or declaration of death of the parents or the son, the emancipation, or the adoption of the minor.
On the other hand article 170, also of the Civil Code (LAW 1/1889) establishes the deprivation causes, cradles in the breaches of the inherent duties or to dictate itself in criminal lawsuit or married.
That is to say, that the law anticipates the deprivation of the parental authority when the established reasons and that concur legally they must affect, not to the behavior of the children, but of the ancestor, all this to safeguard its interest.
One is a decision of important and of gravity reason why it only can be limited supposed of exceptional nature.
The Room understands that of the tests practiced in the instance it is certain that a confliction on the part of the children is demonstrated, but is not feasible the request formulated by the father, because the parental authority is not a renunciable right, but is a conglomerate of rights and duties of the parents who the law establishes.
The father also postulated the extinction of the food pension settled down in the sentence of divorce in favor of the minors, pretension that is also rejected. The father or his diminution with respect to the moment had not credited themselves to the deficiency of income on the part of at which they settled down in the divorce sentence. In addition the request to its extinction had leagued together to the request of resignation of the parental authority, who in no case will exempt the father of her obligation.
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