Reflexes of the Concept of Extended Family on Coexistence and Visitation Rights

Abstract

This article aims to explore whether there is juridical support to a right of children and adolescents to coexist with relatives that are not part of their nuclear family (that is, the ones that are not their parents and siblings), as well as whether there is a reciprocal right of these relatives to live with them. Considering the historical transformation the family has been through, from a patriarchal institution to a place of affection where the goal is to promote the dignity of its members, the inclusion of the “extended family” concept in the Child and Adolescent Statute is noteworthy. This concept includes close relatives (that is, grandparents, great-grandparents, uncles, cousins, stepfathers, among others), in recognition of the significance of the contact amongst generations for children and adolescents’ growth. Thus, since the purpose of this inclusion is the protection of children and adolescents, the conclusion was that although Brazilian Civil Code only displays visitation rights between grandparents and grandchildren, a systemic interpretation of the law allows the extension of visitation rights to other relatives, mainly the ones who have already bonded with them. Equally, it led to the conclusion that the legal provisions of Parental Alienation Law are applicable not only to parents, but to the whole extended family, particularly if considered that this law expressly mentions the loss caused by alienation of the “family group”.