Parental measures

The Supreme Court (TS) has reviewed a case in which the mother of a minor requested sole custody and the removal of the visitation rights from the father, alleging alleged to the father, alleging supposed abuse that had already been dismissed in criminal court. Technical reports indicated a serious deterioration of the relationship between father and son, with rejection and high tension, and recommended that the family receive professional help. The lower court decided to maintain shared custody and establish supervised visits at a family meeting point. In addition, it required both parents and the child to undergo family therapy under the supervision of specialists.

The mother disagreed and appealed the decision. On appeal, the Provincial Court finally suspended the father's visitation rights, considering that it was not in the child's best interest in this case, but maintained the obligation for the entire family to attend joint therapy, considering it essential to protect the child. However, the mother appealed this decision to the Supreme Court.

The TS makes it clear that, except in very specific cases such as situations of vital risk, public health, or incapacity, civil courts cannot force capable individuals to participate in medical or psychological treatments. At most, the judge may recommend therapy or take into account the parents' willingness to adopt other measures, but not impose it as a legal obligation under judicial threat. If the treatment were only for the minor and clearly beneficial, the judge could take action, but would first have to listen to the child if they are over 12 years old.