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.
The complaint centers on the requirement for a shared custody proposal, where both parents have not requested it, to have the approval of the “fiscal” before it can go forward. The “fiscal” is a state-appointed figure whose role in divorce hearings which involve minor children is to make sure that the proposed settlement is in their best interests. While drafts of the 2005 law did not include this requirement, it somehow worked its way into the final version. As reported in Europa Press, one lawmaker went so far as to say that after hours of debating the law, everyone was too tired to pay attention to what they were approving!
Groups such as Custodia Compartida Ya! complain that the law denies men equal parenting rights. Meanwhile, some of the Comunidad Autónomas (see my earlier blog on Aragon and Valencia) are considering legislation that makes shared custody the preferred option when settling custody disputes.
It will be interesting to see if it all leads to a reform of the 2005 law, which some feel does not go far enough in encouraging shared parenting after divorce.
Thank you!