The state of alert established by the RD 463/2020 does not legitimize parents to violet the content of judicial resolutions. Therefore, the state of alert in not an excuse for not fulfilling the measures dictated by a judge, unless there is some legal reason that justifies such a variation or a pact between the parents that authorizes to act differently.
In the area of Family Law, many of the proceedings have been suspended during the state of alert and many others are pending.
In this way, last April 30th, RDL 16/2020, of April 20th, on procedural and organizational measures to deal with the COVID-19 in the area of the Administration of Justice (BOE 29-04-2020), entered into force. In this RDL a new procedure of special character is contemplated, summary and of a determinable duration in the matter of family and exclusively it is contemplated for three concrete cases related to the regime of visits and shared custody and the economic pensions between partners and maintenance.
Regardless of what type of procedure is pending or which one is to be initiated, once the judicial activity has been reestablished, it is essential that the client has the precise information that he can provide as evidence and that will help him to prove the specific situation.
What are the most common family procedures?
The main issues in the area of Family Law are focused on:
- Use of the familiar house by a third.
- Revision of the compensatory allowance.
- Children’s custody, visits regime and modification of measures of regulatory agreement of separations and divorces.
- The accreditation of the true economic capacity of the parent who is obligated to pay the allowances, in the event of noncompliance.
- Circumstances of the recipient of maintenance, economic capacity, work, studies, etc.
How can VESTIGERE’s services help in a family procedure?
The Intelligence and Private Investigation services of VESTIGERE will help to obtain the necessary information and that may be presented as evident in legal proceedings.
Our services, in general, will have two phases:
- Phase 1. OSINT Services (Open Sources Intelligence). The Intelligence Analyst will examine the information obtained in social media, blog, and other digital platforms that help to accredit the aim of the investigation.
- Phase 2. Field Investigation Service. The Private Detective through observations and follow-ups, will obtain useful information for the client and his objectives and will corroborate, of necessary, the information obtained in phase 1.
VESTIGERE will write the results of each phase into an evidentiary report, that will be important to accredit the irregular situation. This can be contributed to a possible legal proceeding and will ratify by the Private Detective in court.
BACKGROUND. A client comes to the office with the need to carry out an investigation consisting in accrediting the economic capacity of his former spouse, and if she fulfills his guard and custody obligations with his minor child, to provide the report as evidence in a procedure to modify divorce measures.
RESULTS. Through the investigation phase OSINT is found that the person under investigation rents, through an online platform, one of the rooms of his house. This circumstance is accredited by the investigation with a detective who also verifies that the minor children, of 8 and 10 years, are left alone while she goes to work at night.