JUDICIALIZATION OF LITIGIOUS SEPARATION AND THE RESULTING CONSEQUENCES ON THE MENTAL HEALTH OF CHILDREN

Abstract

The family, When functional, becomes the pillar that supports the children in their life trajectory. In the rupture of the marital couple, regarding their inability to deal with grief and define the custody of their children, they invite the judiciary to enter the scene as a third party in whom they deposit a possible solution to their conflicts. Understanding the implications of litigious separations on children's mental health was what motivated this research. To this end, a bibliographic review was used as a methodology, seeking to base it on a database of articles and research found in Scielo, Lillacs and other electronic platforms, as well as physical and virtual libraries. We opted for material, for the most part, from national authors. It was noted that although there were articles and academic research related to course completion papers, master's dissertations and doctoral theses, a range of them referred to works by civil servants of the country's courts, whether active or no longer. Considering the complexity of the work of forensic expertise in the Family and Childhood and Youth Courts, the knowledge related to more experienced professionals contributes and facilitates the practice of those who are starting out. It was noted that it is not the litigation itself that can lead to the mental illness of the children, but the way in which the unraveling happens, the exacerbation of conflicts that begins even before judicialization. In this way, it was inferred how relevant the good exercise of parenting is, despite the fact that the parents are no longer a couple.