GLADIATUS - FORUM GILDII WYBRAŃCY BOGÓW

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If there is a fire and something happens to my children, of whom I do not have custody, do I have responsibility?” A father asked a lawyer what would happen if he was left in charge of the children, of whom he did not have custody, while they were alone (Photo: Archive) "Hello good morning. I have a question, my children are minors and their mother has custody. If at night, while we are alone, a fire breaks out and there is a death , could I be charged with a crime?” This is the message that a client sent to his lawyer and that he has shared. Although, a priori, it may be surreal, behind this question there is a complex family situation that shows the importance of context.

The situation is as follows: the client is the father of two minors whose custody is held by the mother, who is assigned the use of the family home. The man rents a shared apartment, since Fax Lists his economic situation does not allow him to pay the rent for an entire apartment. In these circumstances, a sudden situation arises for the woman, an occasional job that requires her to be away from home for two weeks . She asks the father to take care of the minors during that time, something he accepts. The woman does not want, however, for her ex-partner to stay the night on the floor for those weeks, so she suggests that he go bring them food and take care of them during the day, but that she not stay the night. The man cannot take the children to the shared apartment either.



It is at this point that the man's doubt arises: whose responsibility is it if, during that time, something happens to the minors during the night, when they are alone? Can they accuse him of a crime? The mother, explains lawyer Víctor Orellana, considers that the minors are adult enough to be able to be left alone at night; The father considers, on the other hand, that due to overconfidence a misfortune occurs and he may pay the consequences. (Photo: Archive) The lawyer explains that, with the publication of this message, they have attempted to carry out a social experiment .
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