This paper examines different criteria of adjudication of custody to parents in cases of separation, according to the new Chilean Family Law. In the first part, the author discusses the function of settlements made out of mutual consent between parents and its advantages. The second part of this study discusses the advantages of a rule of automatic adjudication of custody, in cases of disagreement between parents. The third part of the article discusses the principle of the best interest of the child as a judicial device to adjudicate cases of custody. The author defends a development in Chilean Law to replace inability with the best interest standard to adjudicate custody between parents. Inability remains as a standard to separate children from their biological parents.
|Translated title of the contribution||The custody of children and teenagers in separated families: Legal criteria for the resolution of conflicts of interest between parents and children in the new chilean family law|
|Number of pages||42|
|Journal||Revista Chilena de Derecho|
|State||Published - Dec 2009|