La diligencia de exploración del menor en los procesos de familia
ISSN: 2341-0566
Year of publication: 2018
Issue Title: Monográfico : La prueba en los procesos de familia
Issue: 20
Pages: 21-37
Type: Article
More publications in: La Ley Derecho de Familia: Revista jurídica sobre familia y menores
Abstract
The examination of the minor remains one of the most poorly regulated aspects in the family processes. There are many questions that arise in its practice. It is not considered as a further means of proof, but it does not have either a proper and concrete legal regime. Thus, the possibility to replace a judge by other professionals in its practice is questioned. The examination is compulsory in the contentious proceedings when the minor is older than 12 years or, being a minor, has enough judgement or ability. There are still doubts and discrepancies in how to document the proceedings and access it contents. This paper aims to study this proceeding, to determine its nature and to establish in a systematic way the legal regime that regulates it, focusing on the family processes.