La Corte determinó que se ha excedido en la competencia de la cuestión apelada en una causa por alimentos

SÍNTESIS.- La Corte Suprema de Justicia de la Nación determinó que el aquo dictaminante del fallo de la instancia anterior carecía de facultades para decidir sobre cuestiones que no fueron propuestas en la apelación, declarándolo inválido y en consecuencia, dejando sin efecto los actos en él ordenados.

El Máximo tribunal expresó que “si la apelación estaba dirigida solo a cuestionar el monto de los alimentos, resulta claro que la decisión del tribunal, en cuanto ordenó la implementación de diversas medidas con carácter cautelar tendientes a lograr que el niño y sus progenitores iniciaran un tratamiento psicoterapéutico orientado a la revinculación paterno-filial, resulta incongruente con las pretensiones de los recurrentes”.

Asimismo agregó que “las genéricas manifestaciones efectuadas por el demandado en su recurso de apelación con referencia a la causa sobre denuncia por violencia familiar, en modo alguno justifican exceder los límites de su competencia”.

“Recurso de hecho deducido por la Defensora Oficial de JCGP en la causa N,S y otro c/ GPMJ s/alimentos”, CSJN, 7/02/17.

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