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Momentum is growing in regard to a reform of the 2005 Spanish divorce law. The Audiencia Provincial of Navarra has challenged the constitutionality of the 2005 “Divorcio Express” Law, and is the second provincial court to do so after that of Las Palmas on the grounds that the law puts obstacles in the way of shared custody arrangements.
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Leave a Comment » | Custody, Discrimination, Shared Custody | Permalink
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Divorce can be expensive, and not just in the short run. How assets are divided influences one’s future financial well-being. That’s why it’s important to arrive at a fair and informed agreement, and to avoid a prolonged (read “expensive”) legal battle getting there.
An article from The New York Times “Your Money” section,” Financial Decisions to Make as You Divorce,” provides a list of items to consider before arriving at a settlement with an ex spouse. From therapy to health insurance, many of the items on the list are easily overlooked during what is often an emotionally draining period.
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Leave a Comment » | Divorce Mediation, Economic Factors | Permalink
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In the US, where shared parenting is more common than in Spain, a parenting plan might be referred to as “a 2/2/3″ (two days one parent, two days the other, then back to the first parent for three days, and so on) or a “4/3/3/4.” In Spain, judges seem to be more skeptical about children moving between households, sometimes imposing conditions such as a maximum distance between parents’ homes or a minimum period with each parent. A Madrid judge, for example, insisted that a child not be obliged to change households more often than once a month. In Valencia and Catalunya judges appear to be more lenient in this regard, and have dictated judgements where children change household on a weekly basis.
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Leave a Comment » | After Separation & Divorce, Custody, Divorce Mediation, Parenting Plans, Separation Mediation, Spain, USA | Permalink
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The Carrascosa case has sparked interest in cross border custody cases in general. An article in today’s El País, “Llevo Años Buscando a Mi Hijo” reports that the Spanish Ministry of Justice received almost 500 petitions in regard to child abduction between January 2007 and June 2009. More than half the cases concern abducted children who are believed to be in Spain. The rest deal with children taken to other countries.
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Leave a Comment » | Across Borders, After Separation & Divorce, Brazil, Child Abduction, Conflict, Custody, Discrimination, Spain, UK | Permalink
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El País reports this morning in “Negociación para Liberar a Carrascosa” that estranged parents Maria Jose Carrascosa and Peter Innes are finally talking. When New Jersey judge Donald Venezia sentenced Carrascosa to 14 years last month, he left open the possibility of a reduction in sentence if Carrascosa’s child, Victoria, returned to the US to visit her American father, Innes. Now it seems that a possible agreement is being discussed between Innes’ Spanish lawyer and the Carrascosa family legal representative. The “fiscal de menores” in Valencia is also taking part.
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1 Comment | Across Borders, Child Abduction, Conflict, Custody | Permalink
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David Goldman’s trip to Brazil (see US-Brazil Custody Battle) turned out happily when he was reunited with his son, Sean, on Christmas Eve. A story in the NY Times on December 24th, “Boy, 9, and Father are Back in US After Reuniting in Brazil”reported that the Brazilian Supreme Court awarded custody of the boy to his father last week.
The case didn’t help US-Brazil relations and it is rumored that Congress even delayed passing a trade bill with Brazil in order to put pressure on the country to honor its commitment to the Hague Convention on Child Abduction.
1 Comment | Across Borders, Brazil, Child Abduction, Custody | Permalink
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A story in the NY Times on December 23 reported that Maria Jose Carrascosa had been sentenced to 14 years in prison for not returning her daughter to the US from Spain, where the nine-year-old lives with Carrascosa´s parents.
Carrascosa was found guilty in November, as I reported in Latest in Carrascosa Case but her attorneys hoped for a more lenient, five-year sentence. Carrascosa has already been in prison for three years.
In follow-up stories in El País a spokesperson for the family was quoted as saying that they were determined to bring the case to the attention of the Hague Tribunal and the United Nations.
Leave a Comment » | Across Borders, After Separation & Divorce, Child Abduction, Conflict, Custody | Permalink
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This past week various media, including CBS News, reported the latest in a five-year-old custody battle involving Brazil and the United States. US citizen David Goldman flew to Rio on 17 December to collect his nine-year-old son Sean only to discover that the Brazilian courts were not yet ready to hand him over. According to the article, “US Dad’s Brazil Custody Battle Hits Snag”at the CBS News website, the Brazil Supreme Court has decided to consider an appeal that the boy’s own testimony be taken into account. The boy’s Brazilian family, who filed the appeal, say Sean wishes to remain where he is.
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1 Comment | Across Borders, After Separation & Divorce, Child Abduction, Conflict, Custody, Residence | Permalink
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How can separating parents get a handle on the holidays? By devising and agreeing on a parenting plan that splits holiday time between them, perhaps with a handover on Christmas Eve or Christmas Day. Alternatively they can decide that in even years the kids will be with Dad for Christmas while odd years will spent with Mom. If parents are on good terms they may even agree to spend a few hours together on Christmas Day so that neither has to miss the children opening their presents.
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Leave a Comment » | Across Borders, After Separation & Divorce, Custody, Holidays | Permalink
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