He Civil, Commercial and Family Court of First Nomination of Río Tercero imposed on a non-living parent a fine equivalent to 50% of the salary of the domestic staff in charge of caring for people for each month that he fails to comply with the agreed regime for his eight-year-old son.

The mother had requested that the child’s father be notified and based her claim on the fact that he started working and needed someone to care for the child. The judge Romina Sanchez Torassa pointed out that “This non-observance of parental duties has repercussions on his own son, affecting his constitutionally recognized rights, even more so if his young age is taken into account.” Likewise, the sentence expresses that, although the lack of interest in the children cannot be reversed through court orders, it must be repaired in its economic face, when it causes a patrimonial detriment.

The resolution explains that the minor’s father has a right/duty of fluid communication with his son and that this recognition is intended to safeguard the mental and moral structuring of children and adolescents.

In the ruling, it is considered that the parent’s conduct not only affects the best interests of his child, but also constitutes violence of gender. In this sense, Torassa held that “Repeated and constant non-compliance limits the personal and intellectual development of the parent” as well as their right to be self-sufficient, to achieve the proposed goals. The magistrate added that this implies “loss of autonomy and overload in daily tasks in relation to the child, as well as economic”.

The resolution points out that the father’s conduct affects the personal and patrimonial autonomy of the mother as well as places her in a disadvantageous situation for the mere fact of being a mother.