Guardian and custody of unemacipated minors: situations of gender and vicarious violence and international child kidnapping

Abstract

After marital crisis situations, the guardianship and custody of unemancipated minor children, agreed in a regulatory agreement ratified by the court or in contentious proceedings, determines its exclusive attribution to one of the spouses or shared. In the latter case, its adoption is prevented as a normal and desirable measure in cases of gender violence and vicarious violence. Likewise, on occasions, after a right of views, the non-custodial parent or having joint custody and custody does not return it, giving rise to what is known as the crime of child abduction. The present study is going to centre on the analysis of the guardianship and custody of their minor children of the agreed age after an annulment, separation or divorce process, or couple crisis; especially, joint custody and custody and how the described situations of gender and vicarious violence affect after the recent reforms of the Civil Code, Organic Law 1/2004, of December 28 on gender violence and the Penal Code, especially in a case such as child kifnapping unfortunately very topical because sometimes they end with the death of the child in the hands of one of them parents.