Trastorno bipolar y competencias parentalesRepercusiones forenses sobre las decisiones judiciales en materia de idoneidad de guarda y custodia
- Pedro José Horcajo Gil
- Víctor Dujo López
- Laura González-Guerrero 1
- David González-Trijueque 1
- 1 Tribunal Superior de Justicia de la Comunidad de Madrid
ISSN: 1576-9941
Year of publication: 2017
Volume: 17
Issue: 1
Pages: 49-68
Type: Article
More publications in: Psicopatología Clínica Legal y Forense
Abstract
Bipolar disorder is a serious mental disorder of a chronic nature, which implies important functional and forensic implications, with a relevant impact on matters of care and custody due to the possible impairment of parental competences. The role of the forensic psychologist is a key element in the task of counselling Judges and Courts, since the entry into force of Law 15/2005. The goal of this study is to examine the weight of the bipolar disorder and its implications in the decisional phase of magistrates and tribunals, for which a systematic analysis of jurisprudential doctrine in the last 20 years in Spain was carried out. 75 sentences of Provincial Courts in which the psychological forensic report was relevant were obtained. The conclusion is that the impact of bipolar disorder in the judicial resolutions depends on its interference in the progenitors’ parental competences, beyond the mere diagnostic label, and the psychological expert report is essential to be able to delimit the idiosyncratic characteristics of each case.