|Brazil outlaws parental alienation|
Brazil outlaws parental alienation
On 26/8/2010 Brazil became the first country to legislate against parental alienation. Please God it will not be the last.
Here is the text of the Act, with apologies for the Google translation. Article 6 sets out sanctions for the offender, including fines, and favouring the targetted parent by extending family time, or reversing custody.
Law No. 12 318 , DE 26 AUGUST 2010
Article 1 This Law provides for parental alienation .
Section 2 is considered an act of parental alienation interference with psychological training of the child or adolescent promoted or induced by a parent, grandparent or by having the child or adolescent under his authority, custody or supervision so dismissive parent or adversely affecting the establishment or maintenance of ties with it.
Article 3 The performance of an act of parental alienation hurts fundamental right of the child or adolescent family life healthier, prevent the implementation of affection in relationships with parent and the family group , is moral abuse against the child or adolescent and noncompliance with duties attached to parental authority or from guardianship or custody .
Article 4 Declared clue act of parental alienation , the application or letter at any time of procedure, or incidentally in autonomous action , the process will have priority processing , and the judge will determine , with urgency , after hearing the prosecutor, the interim measures for maintenance of psychological integrity of the child or adolescent, including to ensure their familiarity with parent or make an effective rapprochement between the two, if any .
It will ensure the child or adolescent and the parent assisted minimum guarantee of visitation , except in cases where there is imminent risk of injury to physical or psychological integrity of the child or adolescent, certified by any professional designated by the judge for monitoring visits .
Article 5 If there is evidence of the practice act of parental alienation in autonomous action or incidental damages , the judge, if necessary, determine biopsychosocial or psychological expertise .
Article 6 Featured typical acts of parental alienation or any conduct that hamper the coexistence of child or adolescent parent, or incidental to autonomous action , the judge may , together or separately , subject to civil or criminal liability arising from and the extensive use of suitable legal instruments to inhibit or mitigate its effects , according to the severity of the case :
Marked change of address abusive , impracticability or obstruction to family , the court may also reverse the obligation to take or remove the child or teen parent ‘s residence , during the alternating periods of family life.
Article 7 The allocation or change of custody will be given preference by the parent that enables the effective coexistence of the child or adolescent with the other parent in cases where it is impracticable to custody .
Article 8 The change of domicile of the child or adolescent is irrelevant to the determination of competence related to actions founded on right to family life , unless the result of consensus between the parents or a court decision.
Article 9 ( VETOED)
Brasília, August 26, 2010 , 189 and 122 of the Independence of the Republic.