06 February 2008

Spanish Children at Courts.

Today I want to write a little about this subject, an horror history repeated systematically at every plaintiff about separation or divorce in Spain.
It's widespread known that Spaniards aren't good diplomats. Instead of practicing the policy and manners of transaction, they try to impose over the contrary. Quite away of win-win procedures.
About 50 % of separation / divorce cases are plaintiffs. Mediation institutions are scarce and almost if not quites unuseful. In a lawyer-ruled country, this is in their benefit. As much plaintiffs, as better for them. There are millions of actives demands. A nightmare for any involved. As in the Dante' hell gate, they could truly put in the frontispice of Courts " Forget any Hope Who Enter Here ".

United Nations consider child any girl/boy under 18 y.o.
It is agreed that under that age, children are inimputable neither instrumentalized at Courts.
This is systematically violated in Spain for separation or divorce lawsuits ( until very recently, Spanish subjects had to pass across two judicial procedures: first, separation; then, divorce; therefore more time, trouble, expenses, etc... ).
In Spain, most contentious separation or divorce demands are based upon economics, and results ( use of familiar home, alymonies, children pensions ), favorized the person who obtain the children custody. For this, everything is valid. This is the wild jungle. And usually it's the mother who instrumentalize the children in her favour. At her request, children are called to declare in Court, and may be interrogated alone by the Judge ( no Psychologist, not Fiscal, no witness ). They go to Court with the lesson well learnt. Under pressure and menaces. There is no place for humanitarian feelings, profesionalism, compassion, or whatever else related.
Therefore, Spanish Courts are a source of psychologically injured children. At least, about 150.000 every year. Children that never will recover from that trauma forever.
This is why Spain is a factory of neurotic people.

Any person with common sense understand that dispute between adults should not involve children.
Spain is an exception. Here it's necessary involved children in marital disputes, because when called to Court, what they said is taken as the very truth.
In my case, the younger boy Jaime was 5 y.o., and his sister Irene 9 y.o. Both were called ( at their mother request ) to declare to Judge. In the Spanish Judiciary procedural jargon that is called 'examination', not interrogation. But that is a burde manoeuvre to 'hyde' what is a real, serious interrogation of a poor undefended and terrified children.
They got out from the Judge office crying, and their mother laughing when she saw them. She got their sole custody. Practically I never saw again those children, and the family was definitely distroyed.
Fourteen years later, I still pay pensions, and cannot use my house.
Obviously, I cannot forget those events. And I think it is a must remember all that brutality for request responsibility to the actors, where and when possible.
And because of its systematics, I think that the Justice of Spain is guilty of a crime against humanity.

Another day I'll write as per how today the Justice of Spain do act as in the Inquisition days.
Yes, you've read well.

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