Castilla y León should compensate a mom with 150.00 euros for separating her from her daughters after struggling over a cell


The mom, of Bulgarian origin, had requested assist from the Ávila social companies in 2015 to assist her set up a constructive parenting relationship along with her twin daughters, who had been then 12 years outdated. social companies the battle they’d with their mom over using the cell phone Social employees took the women with out prior discover to a residential middle for minors 80 kilometers from their dwelling

The Superior Court of Justice of Castilla y León (TSJCyL) has sentenced the Community Family Department to compensate a lady and her two daughters with 150,000 euros for the damages attributable to separating them with an “unjustified” withdrawal of guardianship, after of a battle for a cell phone. Sources from the Fundación Raíces have reported in an announcement the sanction imposed for the withdrawal of guardianship of two twin women from a lady, a single mom, of Bulgarian origin.

The girl arrived in Spain greater than 20 years in the past and was the only mom of two twin women born in Madrid in 2003; In September 2015, she requested the assistance of the social companies in Ávila, the place she labored and lived along with her daughters, with a purpose to take part in a household intervention program that might assist her set up a relationship of constructive parenting.

For months, this system, which consisted of receiving assist from a household counselor who visited the household at their dwelling, developed usually, till, one evening on the finish of January 2016, an argument broke out between the mom and one of many the daughters due to using the cell phone, which resulted in a battle over the system.

The two sisters, on the suggestion of their mom, recounted this incident in one of many periods that the women held alone with the social companies one that intervened weekly with the household.

After this narration, the household intervention program was interrupted, till three months later, on April 12, 2016, “with out prior notification or data on this regard”, social employees from the Ministry, assisted by brokers of the Civil Guard, They got here to the household dwelling.

In this act they notified the executive decision of the declaration of abandonment of the women and took them, in opposition to their will, to a residential middle for minors roughly 80 kilometers from their dwelling, stated sources have added.

No viewers with mom

According to the Judgment of the Contentious-Administrative Chamber of the TSJCyL, this determination of the Ministry was made with out recording “any viewers with the mom, nor was she requested for clarification or clarification, nor was something even defined to the minors.”

“The applicable factor would have been to satisfy once more with the mom, assess after her clarification what had occurred and make the suitable selections with a higher reinforcement of household intervention or assess the precedence curiosity of the minors, nevertheless this listening to didn’t happen in At no time, nor a proof to the minor of what might occur ”, added the Foundation.

The TSJCyL concludes that “a hasty and disproportionate motion by the Administration is appreciated” and remembers that the “Family Intervention Programs are particular assist applications for households whose goal is to protect the integrity of the household by avoiding a separation of it from the kids” .

According to the regulation, “12-year-old women ought to have been heard after explaining what might occur, making an allowance for that it is extremely traumatic to separate two women from their mom,” stated sources added.