Claims for food lead the cases processed before the Family, Children and Adolescents Court of Cutral Co. The biggest change that is noticed, unlike previous years, is that there are fewer agreements in conciliation hearings, because the claims of the parties are so dissimilar that the ruling of the magistrate in charge must be resorted to. The economic crisis – although it is not the only reason – stands as a catalyst for these conflicts.
In Cutral Co, the Family Court was created nine years ago, headed by Silvina Arancibia Narambuena and, since then, the demands of the population of this city, Plaza Huincul, Picún Leufú, Villa El Chocón and Sauzal Bonito, area included in the II Judicial District.
Of the 3,500 open files, the majority are for food claims; Then follow the causes of gender violence.
Given this panorama, the judge explained how the characteristics of the claims changed, and the manner of resolution.
Currently, the processes received respond to claims for support for minor sons or daughters; for older people (up to 25 years old) who are trained; and for relatives who initiate grandchildren against grandparents because the parent does not comply with his or her obligation.
In this case, there are two ways for the person to initiate the lawsuit. It can be simultaneously against the father, mother and grandparents; or that he first exhausts the instance with the parent and the claim against the grandfather, which is subsidiary, is enabled. Although it is not common, the law also contemplates that the claim be made towards other relatives, such as uncles or aunts, the magistrate clarified.
The lawsuit between husbands, wives, or ex-husbands, when certain conditions are met, for example, which are very restricted, due to health conditions, their employment status or a situation where they cannot provide food for themselves. “This is based on family solidarity, both for men and women,” she noted.
“These are the processes that we have in greater proportion. Like almost everything, increased by the crisis that is a catalyst for these conflicts,” the judge stressed. The change that has begun to take hold in recent years is that there are fewer agreements.
Arancibia Narambuena indicated that “people came to the conciliation hearings and two dates were set. Before, they came and with the intervention of the officials some type of agreement was concluded because the parties always conceded. They reached somewhere in between and left here with that resolution.”
Today this instance has diminished because “the minimum claim of the person making the claim is sometimes the most that the other party can give. So, they are so far from each other that there is no agreement.”
When one of the parties, which is generally the woman, asks for a certain fee because she is responsible for three children; They hardly live with their father, she has to pay rent and has the rest of the expenses. While the father works, but his salary is less than the child support request, there is no way that there is an agreement there.
“There are more sentences handed down in those situations that, at some point, are tragic. Because it is up to us to decide when we see that the food possibilities are very limited and the claims of those who claim are genuine. And we know the cost of food, supplies, clothing,” the judge specified.
In this panorama, Arancibia Narambuena indicated that among her obligations (also as a citizen) are to know the reality and place herself in the context of the two parties. “They are dilemmatic situations that I have to resolve. We know that we have it, the person who asks will not have enough and will get angry; and to the one she has to pay it will seem like a lot and she will get angry. No one is satisfied, but it is the reality that we are facing today,” she described.
The increasing violence
Another of the distinctive features of the processes processed in this court are the complaints of gender violence, but driven by women whose age range exceeds 50 years and have been married or living together for two or three decades.
“Circumstances are beginning to appear that we did not see until some time ago. Some increased by the crisis. It is not the same as having a person with violent behavior who worked and now was fired and is at home all day”he commented.
The complainants begin to “resignify what happened before and begin to report. They come here and some ask for exclusion from the home, which, many times, is not even high risk,” she explained.
There is a deterioration in the couple’s relationship and the women do not want to continue in that condition. “The most embarrassed and disconcerted are the men because they do not understand what is happening. Judges are obliged to have a gender perspective, but that does not prevent us from contextualizing. A man between 60 and 70 years old is formed with a patriarchal pattern and it is very difficult for him to deconstruct himself. “He feels bewildered by what is happening in his world,” he explained.
In all cases, the interdisciplinary team made up of psychologists, social workers and other professionals evaluates and measures are taken.
These measures adopted by the court go beyond the requests of the parties. Arancibia Narambuena explained that it is noted that the violent bond is so naturalized until it is resignified. “The woman asks that (her husband or partner) not bother her and that she undergo treatment. However, that is something we cannot order, only suggest,” held.
In other cases, the victim arrives and it is discovered through interviews that “he has a very high risk and we have to take immediate measures.”
Finally, the magistrate indicated that we must focus on “how we work with men, which is a debt we owe.” Without a doubt, there are obligations with women who are in more disadvantaged situations and just look at the number of femicides that exist in Neuquén and in the country, she mentioned. In her opinion, it is necessary to work with men.
“If we do not approach masculinities from a serious place, these relationships will be replicated with another. A new couple will be formed and there we will once again be very lacking,” he concluded.
Resources for care
Regarding the operation of the Family, Children and Adolescents Court, the owner explained that they have sufficient structure. However, the creation of another position of judge would further expedite the attention of pending cases.
“When there is only one judge, time must be distributed efficiently through hearings and the writing of sentences. This means that we take less time than we would like or that (the hearings) last longer because it is not materially possible to do everything. Another position would help a lot to move the processes forward.”he concluded.