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Expert report

Expert report indicated a risk of psychological abuse if visits were carried out without alignment with the family routine.
From the Editors
 
Wednesday, October 30, 2024
 
Updated at 14:31
 
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The 3rd Family and Succession Court of São Paulo regulated the right of coexistence between a grandmother and her grandson, imposing limits on visitation to ensure the chiildss psychological well-being. The decision, signed by Judge  Carvalho Martins, establishes that coexistence must occur harmoniously and respect the guidelines imposed by the parents, after analyzing an expert report that indicated a risk of psychological abuse if visitation were carried out without alignment with the family routine.
 
The case was initiated by the grandmother, who alleged that contact restrictions imposed by the parents were causing the request to regulate visits to strengthen family ties. The situation was monitored by the Public Prosecutors Office, which recommended caution in granting guardianship and the carrying out of a psychological assessment in order to assess the impact of coexistence on the child's development.
 
The expert report, prepared with the participation of the parents, the grandmother and the minor himself, indicated that if the grandmother sought to impose her presence in a way that was at odds with the values ​​established by the parents, there would be the possibility of harmful psychological effects. In view of this, the judge established a visitation regime with restricted frequency and duration, balancing the grandmothers right to coexistence with the parental authority exercised by the parents.
 
 
 
Judge rules on restricted visits between grandmother and grandson. 
According to the decision, the grandmother will be able to visit her grandson once a month, on Sundays, from 4:00 p.m. to 6:00 p.m., provided that the visitation takes place at the parents' residence or in public spaces, accompanied by one of the parents. The ruling also guaranteed the grandmother the right to participate in school events and to be present at the childs birthday party, provided that the parents consent. If the parents consider the coexistence to be healthy, the visits may be extended.
 
 link: https://www.migalhas.com.br/quentes/418609/justica-limita-visitas-de-avo-a-neto-para-proteger-saude-psicologica
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ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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