CEDAW/C/58/D/47/2012
2.6 Despite many complaints, F.R.C. was only convicted once, on 24 October
2000, on a charge of harassment. The Juzgado de Instrucción núm. 1 de Coslada
(Trial Court No. 1 of Coslada) considered it proved that F.R.C. had been
stalking and disturbing the author, constantly harassing her. However, the
penalty imposed was only a fine of 45 euros.
2.7 The courts issued protective orders for the author. However, only one of
them, issued on 1 September 2000 by the Juzgado de Instrucción núm. 5 de
Coslada (Trial Court No. 5 of Coslada) and valid for two months, included
Andrea. F.R.C. appealed it and the court left it unenforced with respect to
Andrea, considering that the order hampered the visit regime and could
seriously harm relations between father and daughter. Other court orders
protecting the author were violated by F.R.C. without legal consequence to him.
2.8 In the framework of the guardianship and custody of Andrea, the author
asserted that visits with her father were negatively affecting the child’s mental
health and requested a psychological examination. For that reason the court
called Andrea to appear on 11 December 2000. During the appearance the girl
said, among other things, that she did not like being with her father “because he
did not treat her well” and “tore up her paintings”.
2.9 On 31 January 2001, the Juzgado de Primera Instancia núm. 1 de
Navalcarnero (Court of First Instance No. 1 of Navalcarnero) drew up a
provisional schedule of supervised visits monitored by social services, starting
on 8 February 2001 and limited to Thursdays from 6 to 7 p.m. at the Mejorada
Velilla social services centre.
2.10 On 30 May 2001, the social worker in charge of monitoring sent a report to
the court suggesting that the interaction between father and daughter might best
take place in another context, so that they could relate to each other more
naturally. She also said that F.R.C., through his daughter, transmitted messages
indirectly to the author, to which Andrea did not know how to react. The author
wrote to the court to express her disagreement with the report and requested that
the supervised visit regime be continued.
2.11 In September 2001, at the author’s request, the court authorized a
psychological evaluation of herself, Andrea and F.R.C. The corresponding
report, dated 24 September 2001, proposed that visits should gradually be
normalized so that by the end of six months, Andrea should be able to spend
almost a full day with her father, with no overnight and without the social
worker; and making it possible to be with her father a full weekend with no
overnight. If at the end of a year the relationship had been completely
normalized, the possibility for Andrea to begin spending the night in the father’s
home might be considered. 1
2.12 On 27 November 2001, the court entered the order of marital separation,
which disregarded the numerous complaints of abuse made by the author and
did not refer to habitual ill-treatment as being the cause of the separation.
Regarding the regime of visits, the order retained the restricted regime with
supervision for a period of one month, gradually expanding it in accordance
with the behaviour of F.R.C. Depending on a favourable report from the visit
supervision centre, a second stage of six months was envisaged, during which
the Thursday visits would last from school dismissal until 8 p.m. and would be
unsupervised. After six months, depending on a favourable report from social
1
4
With regard to F.R.C., the report observes “an obsessive-compulsive disorder with aspects of
pathological jealousy and a tendency to distort reality which could degenerate into a disorder similar
to paranoia”.
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