In Brasilien wurde mit mit sofortiger Wirkung vom 26. Aug. 2010 ein
Gesetz gegen Parental Alienation (entfremdendes Elternverhalten) verabschiedet.
Quelle:
http://fkce.wordpress.com/2010/08/26/25/
Check below in full 12.318/10 law that provides for parental
alienation.
_____________
LAW No. 12 318, DE 26 AUGUST 2010 Provides for parental alienation
and amending Art. 236 of Law No. 8069 of 13
Ratified law that defines and punishes parental alienation in
Brazil
26 August 2010
http://www.migalhas.com.br/Quentes/17,MI116210,101048-Lula+sanciona+lei+que+determina+alienacao+parental+como+crime
THE PRESIDENT OF THE REPUBLIC
Given the decrees of Congress promulgated the following law:
Article 1 This Law regulates the parental alienation.
Article 2 The parental alienation is considered an act of
interference with the psychological training of the child or
adolescent, promoted or induced by their parents or grandparents
if the child or adolescent is under their authority, custody or
supervision, and to result in less contemptuous behavior that
impadiscano creating or maintaining links with the other parent.
Examples of forms of parental alienation, as substantiated to the
court or discovered by an expert, or charged directly with the
testimony of third acts are aimed at:
I – open a campaign to ban the behavior of the parent exercising
parenting;
II – impede the exercise of parental authority;
III – prevent contact of the child or adolescent with a parent;
IV – opposing the right to family life regulated;
V – deliberately omit relevant personal information to parents on
the child or adolescent, including educational, medical and
related changes of address;
VI – make false allegations against parents, against his family
or against the grandparents in order to prevent or hinder their
care to the child or adolescent;
VII – Change the address of residence without justification in
order to prevent the attendance of the child or adolescent with
the other parent, with his family or grandparents.
Article 3 The provision of an act of parental alienation hurts
the fundamental right of the child or adolescent to enjoy a
healthy family life, impedes the relationship of affection in
relationships with parents and his family group, and is a form of
abuse against moral the child or adolescent does not comply with
the duties related to parental authority or guardianship or
custody.
Article 4 In the face of evidence or documents indicated that
parental alienation, the application of this Act at any time of
the procedure, or incidentally in independent action, the court
will determine, with urgency, after hearing the prosecutor, the
transitional measures for the maintenance of ‘psychological
integrity of the child or adolescent, including to ensure their
familiarity with the parent or make a genuine rapprochement
between the two, if any. The court will provide the child or
adolescent and the parent a minimum guarantee of visits, except in
cases where there is imminent risk of physical or psychological
harm to the child or adolescent, certified by a professional
designated by the judge in charge of monitoring visits .
Article 5 If there is evidence that they have been charged with
acts of parental alienation incidental damages, the court, if
necessary, to determine the bio-psychological consequences of
child:
1 The expert report is based on extensive psychological
assessment biopsychosocial or, where appropriate, including a
personal interview with the parties, examination of documents in
the case, the story of the couple’s relationship, the chronology
of events The assessment of the personalities involved and the
investigation as a child or teen may have developed symptoms of
alienation against their parents.
2 examinations will be performed by professionals or experts in
the multidisciplinary team, necessary in any case, as evidenced by
appropriate academic or professional history to diagnose the acts
of parental alienation.
3 The expert or a multidisciplinary team appointed to assess the
presence of parental alienation will submit a report within 90
days, renewable only with judicial authorization based on a
detailed explanation.
Article 6 In response to acts typical of parental alienation or
against any behavior that hinders the coexistence of the child or
adolescent with a parent’s parent, the court may, together or
separately, to raise the subject of their civil or criminal
liability arising, and have adequate tools to inhibit or mitigate
the effects of alienation. He will, according to the severity of
the case:
I – indicate the presence of parental alienation and to notify
the parent;
II – expanding the system of family life for the alienated
parent;
III – impose a fine on the alienating parent;
IV – require advice biopsychosocial;
V – lead to a change of custody from joint custody or its
reversal;
VI – to elect a temporary residence of a child or adolescent;
VII – to declare the suspension of parental authority.
In the case of arbitrary change of address, or impracticability
or obstruction to the family, the court may also reverse the
requirement to remove the child from parents’ residence, during
the alternating periods of family life.
Article 7 In case of assignment or change of custody will be
given preference to the parent that allows efficient co-existence
of the child or adolescent with the other parent, if the case can
not be alternating.
Article 8 The change of domicile of the child or adolescent is
irrelevant to the determination of responsibilities relating to
claims based on right to family life, unless this is not the
result of consensus between the parents or a court decision.
Article 9 (vetoed – amended – cash)
Article 10 (vetoed – amended – cash)
Article 11 This Law shall enter into force upon its publication.
Brasília, August 26, 2010,
189 ° and 122 ° of the independence of the Republic.
Luiz Inacio Lula da Silva
Luiz Paulo Teles Ferreira Barreto
Paulo de Tarso Vannuchi
Read more – News
* 20/11/2009 – CCJ’s Board approves action against a parent who
incite hatred child – click
here
* 18.08.2009 – Parental Alienation can lead to loss of custody of
the child – click
here
Read More – Articles
* 13/8/10 – The “syndrome” that will turn law – Nebo Flávia
Azevedo Antunes – click
here
* 23/7/10 – SAP – Parental Alienation Syndrome – Luiz Fernando
Valley Guilherme de Almeida / André Fernando Reusing Namorato – click
here
* 21/7/10 – Soon, parental alienation is a crime – Denise
Perissini Maria da Silva – click
here
