0
Off

CHILD PROTECTION | INSTITUTIONALISATION | MIXED WITH ROMA AND POOR PEOPLE | WISHES OF THE CHILD

 

 

Coimbra Court of Appeal, proc. 58/07.1TMCBR-C.C1, 11.05.2021

 

JURISDICTION: Civil

SUBJECT: Child protection

RAPPORTEUR: Carlos Moreira

RULING: Grants the appeal in part, amending the appealed ruling to allow the mother to spend alternate weekends with her daughter.

DOMESTIC LAW:

Code of Civil Procedure [Articles 607(5), 640, 663(7), 684, 685-A]

Law No. 147/99, of 1 September 1999 (Articles 3, 4, 34, 35, 111)

Portuguese Constitution (Article 69)

Decree-Law No. 39/95, of 15 February 1995 (preamble)

Supreme Court of Justice, proc. 03B3893, 11.12.2003

Supreme Court of Justice, proc. 09P0114, 23.04.2009

Supreme Court of Justice, proc. 73/2002.S1, 20.05.2010

Supreme Court of Justice, proc. 405/09.1TMCBR.C1.S1, 09.07.2015

Supreme Court of Justice, proc. 6626/09.0TVLSB.L1.S1, 01.10.2015

Supreme Court of Justice, proc. 1079/07.0TVPRT.P1.S1, 15.09.2011

Coimbra Court of Appeal, proc. 1324/09.7TBMGR.C1, 29.02.2012

Coimbra Court of Appeal, proc. 2466/11.4TBFIG.C1, 10.02.2015

Coimbra Court of Appeal, proc. 1381/12.9TBGRD.C1, 03.03.2015

Coimbra Court of Appeal, proc. 339/13.1TBSRT.C1, 17.05.2016

Coimbra Court of Appeal, proc. 1337/05.8TBVNO.C1, 13.02.2007

Lisbon Court of Appeal, proc. 6146/10.OTCLRS.L1-7, 10.04.2014

Lisbon Court of Appeal, proc. 87/12.3TBNRD, 27.10.2016

INTERNATIONAL LAW:

1959 Declaration of the Rights of the Child (principles 4, 5, 6, 7)

FOREIGN LAW: n.a.

KEYWORDS: Child protection; endangered child; institutionalisation; free evaluation of evidence principle; prudent conviction; margin of uncertainty, randomness and error in court practice; body of evidence; vague and opinionated remarks; factual evidence; housing and economic conditions to have her daughter living with her; lack of empathy; embarrassment due to her daughter’s institutionalisation; mixed with Roma and poor people; hyper-valorisation of material possessions and looks; logically, legally and ethically inadmissible leap; rules of logic; maxims of experience; common sense; Roma children; future reintegration of the child in her natural life environment with her mother; training sessions on parental skills; progress of parental skills; rules of interpretation; mother’s carelessness or neglect; daughter’s fragility; lack of awareness of her daughter’s real needs; live with Roma; prevalence of the family; best interest of the child; entrust the care of her child to third parties; Switzerland; recommended pedagogical support; speech therapy; “ugly”; “tacky”; “cheap”; feel others’ emotions; understand the feelings and views of others; antagonistic relation with the foster institution; situation of grave danger; prepare the long awaited return to the mother’s company; idiosyncratic traits with hints of rebellion; personal and social empathy deficit; handicaps; exercise of parental responsibilities; stabilised modus vivendi; medical forensic report; “democratic parenting style”; axiological deficit; inadequate behaviour; psychological and emotional conditions; wishes of the child; intolerant and hostile behaviour towards third parties; conflict situations; human nature

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE: n.a.

 

Download the ruling.

 

 

 

 

 

 

 

 

 

Share this comment
Posted inACOLHIMENTO RESIDENCIAL MEDIDA DE PROMOÇÃO E PROTEÇÃO MISTURADA COM CIGANOS E PESSOAS POBRES VONTADE DA MENOR
Tags“Democratic Parenting Style” “Ugly” “Tacky” “Cheap” Body of Evidence Institutionalisation Recommended Pedagogical Ssupport Ethical Assessment of Testimonials Lack of Empathy Housing and Economic Conditions to Have Her Daughter Living With Her Psychological and Emotional Conditions Intolerant and Hostile Behaviour Towards Third Parties Vague and Opinionated Remarks Live With Roma Roma Children Axiological Deficit Personal and Social Empathy Deficit Entrust the Care of Her Child to Third Parties Inadequate Behaviour Mother’s Carelessness or Neglect Progress of Parental Skills Exercise of Parental Responsibilities Feel Others’ Emotions Lack of Awareness of Her Daughter’s Real Needs Future Reintegration Of The Child in Her Natural Life Environment With Her Mother Handicaps Hyper-Valorisation of Material Possessions and Looks Idiosyncratic Traits With Hints of Rebellion Daughter’s Fragility Margin of Uncertainty Randomness and Error in Court Practice Maxims of Experience Child Protection Endangered Child Mixed With Roma and Poor People Stabilised Modus Vivendi Human Nature Understand the Feelings and Views of Others Prepare the Long Awaited Return to the Mother’s Company Free Evaluation of Evidence Principle Prevalence Of The Family Factual Evidence Prudent Conviction Rules of Logic Rules of Interpretation Antagonistic Relation With the Foster Institution Medical Forensic Report Logically Legally and Ethically Inadmissible Leap Common Sense Training Sessions on Parental Skills Situation of Grave Danger Conflict Situations Switzerland Best Interest of the Child Speech Therapy Embarrassment Due To Her Daughter’s Institutionalisation Wishes of the Child