By Administrative Resolution No. 000167-2020-CE-PJ issued by the Executive Council of the Judiciary and published on June 18 in the newspaper El Peruano, Directive No. 007-2020-CE-PJ has been approved, which implements the “Simplified and Virtual Process of Child and Adolescent Alimony in the Magistrates’ Courts of the different Superior Courts of Justice of the country”.
The purpose of this provision and implementation by the Judiciary is to provide quick and direct access to the plaintiffs to request alimony for their children, in accordance with the principle of the Best Interest of the Child and the need to administer justice in a speedy manner in alimony proceedings in our country, through the application of mechanisms of celerity, orality and available technological resources.
But let’s see, let’s see, some scopes of the operation and innovations of the simplified process:
1.- PRESENTATION AND QUALIFICATION OF THE CLAIM
It is possible to use i) The physical or electronic form of demand for alimony approved by Administrative Resolution No. 331-2018-CE-PJ, or ii) The form of demand for an increase of alimony approved by Administrative Resolution No. 330-2018-CE-PJ. The claim will be registered in the SIJ, Electronic Bureau of Parties will be used in the judicial districts where it has been implemented.
The Judge, if he notices any omission or defect that can be corrected, does not declare inadmissibility but the admission of the claim, granting a reasonable term to correct the defect; furthermore, once the claim is admitted, a date will be set for the Single Hearing to be held within 10 days following receipt of the claim, and the order for the anticipated assignment of the minor.
2.- SERVICE OF PROCESS AND ANSWER TO THE COMPLAINT
It will be notified to the electronic box and to the real domicile, as appropriate, and exceptionally by WhatsApp or e-mail. The answer to the claim will be notified physically.
The Judge will not admit the answer if the defendant does not present a sworn income tax return or a substitute document.
3.- SINGLE HEARING AND SENTENCING
The Judge may conduct the Single Hearing in a virtual manner in which orality will prevail over writing, and over the procedural debate of the parties, and will issue a sentence orally, once the pleadings are concluded; the sentence to be issued may be in its resolutive part or in an integral manner depending on the procedural burden. If there is conciliation and this does not harm the interests of the child or adolescent, it will be recorded in the minutes and will have the effect of a sentence.
If the defendant does not attend the Hearing (in spite of having been validly summoned), the Judge will proceed to issue the final decision in the same act; if both parties do not attend the Hearing and all the means of proof exist, the Judge may decide without the need for the presence of the parties.
The single hearing will be audio and video recorded and incorporated into the court file.
CONCLUSIONS:
This new simplified and virtual alimony process seeks to streamline and improve the current alimony process regulated by the law, with the purpose that the plaintiffs can have access to justice quickly; however, although this provision provides interesting guidelines, it is necessary, given the reality of the deficiencies and shortcomings of our judicial system, a comprehensive reform of the alimony process and an adequate administration of specialized justice, to achieve the main objective which is to ensure the best interests of children and adolescents.
