Post by account_disabled on Feb 14, 2024 22:30:58 GMT -10
Hello good morning. I have a question, my children are minors and their mother has custody. If at night, while we are alone, a fire breaks out and there is a death , could I be charged with a crime?” This is the message that a client sent to his lawyer and that he has shared. Although, a priori, it may be surreal, behind this question there is a complex family situation that shows the importance of context.
The situation is as follows: the client is the father of two minors whose custody is held by the mother, who is assigned the use of the family home. The man rents a shared apartment, since his economic situation does not allow him to pay the rent for an entire apartment. In these circumstances, a sudden situation arises for the woman, an occasional job that requires her to be away from home for two weeks . She asks Netherlands Email List the father to take care of the minors during that time, something he accepts. The woman does not want, however, for her ex-partner to stay the night on the floor for those weeks, so she suggests that he go bring them food and take care of them during the day, but that she not stay the night. The man cannot take the children to the shared apartment either.
It is at this point that the man's doubt arises: whose responsibility is it if, during that time, something happens to the minors during the night, when they are alone? Can they accuse him of a crime? The mother, explains lawyer Víctor Orellana, considers that the minors are adult enough to be able to be left alone at night; The father considers, on the other hand, that due to overconfidence a misfortune occurs and he may pay the consequences.
The lawyer explains that, with the publication of this message, they have attempted to carry out a social experiment . Thus, as they considered, when he published the first message with the client's question, written in a certainly ambiguous way, the users of social network in case the man could pose any risk to his children . They even criticized him, he says, for failing to comply with the profession's code of ethics.
Once he published the context and the circumstances became clear, many people changed their minds. However, he says, there were “those who were not able to back down.” This is a legal consultation without any intention, he says. “This happens on many occasions , that we are left with only the striking headline without delving into the information, without taking into account the context.” And that, which leads to trials without adequate information, is very dangerous, especially in a sector like the legal profession.
Beyond the form, with regard to the substance, if an event like this occurred, the father would have legal responsibility , says Víctor Orellana. The president of the Association of Family Lawyers of Madrid, Paloma Abad, agrees, pointing out that although the man does not have legal custody, if he agrees to what the woman proposes, he does have it de facto. The father may, however, not agree if he does not allow him to spend the night at home, so that he would not have any type of responsibility.
The situation is as follows: the client is the father of two minors whose custody is held by the mother, who is assigned the use of the family home. The man rents a shared apartment, since his economic situation does not allow him to pay the rent for an entire apartment. In these circumstances, a sudden situation arises for the woman, an occasional job that requires her to be away from home for two weeks . She asks Netherlands Email List the father to take care of the minors during that time, something he accepts. The woman does not want, however, for her ex-partner to stay the night on the floor for those weeks, so she suggests that he go bring them food and take care of them during the day, but that she not stay the night. The man cannot take the children to the shared apartment either.
It is at this point that the man's doubt arises: whose responsibility is it if, during that time, something happens to the minors during the night, when they are alone? Can they accuse him of a crime? The mother, explains lawyer Víctor Orellana, considers that the minors are adult enough to be able to be left alone at night; The father considers, on the other hand, that due to overconfidence a misfortune occurs and he may pay the consequences.
The lawyer explains that, with the publication of this message, they have attempted to carry out a social experiment . Thus, as they considered, when he published the first message with the client's question, written in a certainly ambiguous way, the users of social network in case the man could pose any risk to his children . They even criticized him, he says, for failing to comply with the profession's code of ethics.
Once he published the context and the circumstances became clear, many people changed their minds. However, he says, there were “those who were not able to back down.” This is a legal consultation without any intention, he says. “This happens on many occasions , that we are left with only the striking headline without delving into the information, without taking into account the context.” And that, which leads to trials without adequate information, is very dangerous, especially in a sector like the legal profession.
Beyond the form, with regard to the substance, if an event like this occurred, the father would have legal responsibility , says Víctor Orellana. The president of the Association of Family Lawyers of Madrid, Paloma Abad, agrees, pointing out that although the man does not have legal custody, if he agrees to what the woman proposes, he does have it de facto. The father may, however, not agree if he does not allow him to spend the night at home, so that he would not have any type of responsibility.