If you have signed a parental measures agreement with your ex-partner and he or she fails to comply, you can demand the execution of the sentence issued by the court. Since Escalante & Pérez Lawyers We offer you the advice you need to enforce the custody and guardianship regulatory agreement of the children. After signing this document before the judge, you will receive a judgment where the agreement is ratified and it is precisely this sentence that you must enforce in case your ex-partner does not abide by the agreement.
Breach of the agreement regulating the custody of children
As already mentioned, the custody and guardianship regulatory agreement The children's rights are recorded in a judgment. After going to court to sign the document, the judge issues a judgment. ratifying the agreement and it is this sentence that can be enforced. As for family law It is very common for one of the parties to fail to comply with the measures included in the agreement and its corresponding sentence. This means disobeying duties and obligations acquired.
He custody and guardianship regulatory agreement of children is responsible for regulating the relationship between parents regarding their offspring. In addition, the following are established:
- He custody or visitation regime to minor children.
- He payment of alimony which corresponds to the children, in case custody is not shared.
- The compensatory pension for the benefit of one of the spouses (in case of divorce).
He breach of the regulatory agreement of custody of children can occur due to the discontent of any of the parties with which established measures and ratified by the judge. However, it is also possible that one of the parties is unaware of their obligations.
What should you do if your child custody agreement is breached?
After the separation of parents (whether they have been married or not), a series of measures who are in charge of regular the situation of the children. Usually, the parents go to the same lawyer and reach an agreement agreement on visitation rights, child support, etc. As already mentioned, this document it is signed before the judge who, after reviewing it, will issue a judgment which serves to ratify it.
Therefore, if there is a breach, what is breached, in addition to the agreement, logically, is the judgment dictated by the judge. Sometimes, one of the parties does not comply with what has been established. The situations that most often occur are those related to the payment of alimony and visitation rightsIf the situation is repeated frequently, and if the parties do not reach an agreement, it is necessary to file a complaint. execution claim of the sentence. Basically, making the other party comply with what is established in the regulatory agreement of custody of the children.
Through this demand for judicial execution a begins procedure in which the defendant is required to fulfillment of obligations unfulfilled and included in the parental measures agreement, previously approved by the judge. In order to file the claim, it is necessary to have the assistance of a lawyer expert in family law, as well as the intervention of a solicitor. Once the claim is filed, execution before the court, the judge will issue a execution order reminding the other party of the obligation to comply with what was agreed.
The consequences of failing to comply with the parental measures agreement
What happens in case of non-compliance with the child custody agreement? Once the agreement is accepted, execution claim, the judge will be responsible for urging the defendant to comply with the obligations incurred. In case of prolonging the failure to comply with its obligations, the judge may impose coercive fines setting the amount he deems appropriate. Even after the imposition of these fines, the judge may modify the agreement or terminate the measures. For example, by eliminating visitation rights with the children or withdrawing custody.
In the case of failure to pay pensions of food repeatedly, the judge may order the seizure of property of the defendant to cover the amount owed.
Is breach of agreement a crime?
Failure to comply with the measures does not, in itself, constitute a crime. However, if the failure continues and after the judge intervenes, a fine may be incurred. crime of disobedience to authority. According to the article 556 of the Penal Code, the non-complying party could be punished with a fine or with penalty of imprisonment from three months to one year.
On the other hand, if the non-compliance is systematic, it could be considered crime of abandonment of family, as provided for in article 226 of the Penal CodeIn this case, the penalty will be three to six months in prison or a fine.
It should be noted that the plaintiff has a five-year period since the sentence was issued in order to request the execution of this. If you do not want to sue for non-compliance, it is possible to request the modification of the agreement for example, to abolish the visitation regime. In any case, it is essential to have the advice from a lawyer and the assistance of a attorney.
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