VISITAÇÃO: O QUE O PAI PODE FAZER SE FOR IMPEDIDO DE VISITAR O FILHO? SAIBA COMO AGIR.

Visitation is the father's right, but it is also the child's right. Failure to comply with court orders regarding child support and social support may constitute parental alienation or abandonment, which will be determined during due process. (TJMG-2021) Despite the mother's recognition of parental alienation, the change in the foster home requested in the appeal would harm rather than benefit the child, considering the evident suffering they already experience, not only as a result of this process but also due to the ongoing litigation involving their parents. Forcing a child to change homes, with the modification of their already established routine, tends to inflict new suffering, especially considering the possibility that this could further exacerbate the existing litigation between their parents. (TJDFT-2019) Partial acceptance of the appellant's request for an extension of the visitation regime, without prejudice to the possibility that, should any discrepancy arise in the visitation arrangements, such arrangements may be revised at the outset. (TJRS-2014) Since there is no consensus between the parties regarding the free conduct of visits, it is imperative that these arrangements be regulated to ensure predictability and avoid disagreements detrimental to the child. (TJMG-2021) The mother, although duly notified, did not object to the father's request for an extension of the visitation regime, nor did she even indicate the existence of any type of risk to which the child could be subjected if this arrangement were established. (TJRS-2014) ACTION FOR SEARCH AND SEIZURE OF MINOR CHILDREN. ORDER TO RELEASE THE MINOR DAUGHTER TO THE MOTHER, UNDER PENALTY OF SEARCH AND SEIZURE. GRANTING PROVISIONAL CUSTODY TO THE MOTHER WITH ESTABLISHMENT OF THE RIGHT TO COEXIST WITH THE FATHER. (TJRS-2019) Based on the principle of the best interests of the child and adolescent and to avoid creating a scenario of total instability in the child's life, the granting of a preliminary injunction for the search and seizure of the child and change of custody is exceptional and should only be granted when it is demonstrated that the incapacitated child is in a vulnerable or at-risk situation. (TJSC-2016) After analyzing the evidence presented and the defense arguments, it is clear that the child's coexistence with both parents is a necessary measure not only because it is a healthy and legally provided measure, but also because of the guidance provided by the experts who consulted and evaluated the parties involved. (TJDFT-2019) Visitation is not only a right guaranteed to parents, but also a right of the child to maintain an integral family relationship, aiming to minimize the negative psychological impact resulting from the loss of daily contact with relatives. (TJMG-2021) CONTACT BETWEEN THE MINOR AND HER MOTHER AND MATERNAL FAMILY IS FUNDAMENTAL AND HEALTHY FOR HER DEVELOPMENT AND EDUCATION. ON THE OTHER HAND, THERE IS NOTHING IN THE CASE FILES TO INDICATE THAT THE MOTHER'S COEXISTENCE WITH HER DAUGHTER SHOULD BE PREVENTED. (TJSP-2020) Coexistence with parents is a constitutionally guaranteed right, but it is subject to restrictions in cases that jeopardize the comprehensive protection of children and adolescents, which is also constitutionally protected. (TJDFT-2020) Suspension of family life requires proof of an exceptional situation experienced by the parties. (TJDFT-2020) When dealing with matters involving the protection of a minor's rights, it must be considered that the interests at stake are the physical, emotional, and spiritual well-being of the developing person. Therefore, even in enforcement proceedings, a relaxation of formal rigor is beneficial when the child's best interests are at stake in complying with the measure. (TJRJ-2014) When enforcing a judgment that recognizes the enforceability of an obligation to act, the judge may, to enforce specific relief or obtain relief through an equivalent practical result, determine the measures necessary to satisfy the claimant (Article 536 of the CPC/15). (TJMG-2021) Within the Family Court, there are appropriate procedural instruments for resolving disputes arising from non-compliance with visitation rights. (TJDFT-2015) Agreements ratified in court, which are enforceable instruments, must be complied with by the parties, and the legal system provides the means of prosecution intended for their satisfaction. (TJRJ-2014) The decision approving a judicial settlement is an enforceable judicial instrument, which will be enforced according to a specific procedure (Article 515, Section II, combined with Article 536, both of the CPC/15). (TJMG-2021) In the case under review, the defendant is authorized to comply with the judicial agreement previously established between the parties regarding visitation and the child's coexistence with his or her parent and paternal family. (TJMG-2021)