CEDAW/C/58/D/47/2012
2.2 On 3 September 1999, after an episode in which F.R.C. threatened her life
with a knife in Andrea’s presence, the author left the marital residence
definitively. On 3 and 7 September 1999 she reported the facts to the Guardia
Civil (police) and the Juzgado de Primera Instancia e Instrucción núm. 2 de
Arganda del Rey (Madrid) (Court of First Instance No. 2 of Arganda del Rey
(Madrid)). On 10 September 1999, the author filed before the Juzgado de
Primera Instancia e Instrucción de Navalcarnero (Court of First Instance of
Navalcarnero (Madrid)) to report the abuses against her and her husband’s
psychiatric problems. At the same time she applied for a trial separation, with
her daughter remaining under her guardianship and custody and a limited regime
of visits between father and daughter, supervised by social services personnel.
The author gave up the use of the marital residence.
2.3 On 22 November 1999, the court ordered a trial separation for a period of
30 days, pending submission of a formal petition for separation; granted care and
custody of Andrea to the author; established a regime of visits between father and
daughter limited to Fridays from 5 to 8 p.m. and Sundays from 10 a.m. to 2 p.m.;
established an economic contribution of 360 euros which F.R.C. was to pay for
the benefit of Andrea; and granted use of the marital residence to F.R.C.
2.4 After the trial separation the author continued to be subjected to
harassment and intimidation by F.R.C., including death threats in the street and
by telephone. During his visits with Andrea, F.R.C. questioned the child about
the author’s relationships, spoke ill of her, repeatedly called her a “whore” and
accused her of having relationships with other men. This caused tension and
anxiety in Andrea, who was afraid of her father and began to reject spending
time with him. He, in turn, accused the author of manipulating the girl and
instigating the rejection. On one occasion, in 2000, he approached them at the
entrance to the building where they lived, insulting the author and attempting to
pull the girl away. The author managed to get into her car with Andrea and go to
the police. F.R.C. followed them and, upon reaching the police station, in front of
a police officer, continued to insult her, threatening to kidnap the girl. Seizing her
by the hair while the author had Andrea in her arms, he tried to throw her to the
ground. Another time, on 30 August 2000, when the author was in her car with
Andrea, F.R.C. followed them in his car, putting them in a dangerous situation. The
author stopped and F.R.C. approached her, shouting and demanding that she hand
over the girl, while banging on the car. This triggered a nervous outburst in the
child, who began crying that her father should leave. When the visits stopped
being supervised (see para. 2.13), F.R.C. took the lead in several violent incidents
at the social services centre where he went to pick up and return the child.
2.5 The author asserts that she filed more than 30 complaints before the
Guardia Civil and the courts of mixed jurisdiction (juzgados en materia civil y
penal), and repeatedly sought protective orders to keep F.R.C. away from her
and her daughter. She had also sought a regime of monitored visits and payment
of child support. Systematic non-compliance by F.R.C. with the obligation to
pay support placed the author in a difficult position in light of her modest
means, as she had difficulty finding work given her poor educational level and
work experience, her age and her family responsibilities. For that reason, in
2000, as part of the separation procedure under way, she found it necessary to
apply to the court for the use of the family residence, which she had previously
given up. Article 96 of the Civil Code provides that the use and enjoyment of the
family dwelling, in divorce proceedings, is granted to the spouse who has the
guardianship and custody of a minor.
14-59288
3