The problem of separations involving parents of different nationalities is becoming more common, and there is no easy solution in sight. For example, an American woman comes to Spain and falls in love with a Spanish man. They live together for a while in Madrid and have a child. Then they fall out of love, and the American wants to go home and take their young daughter with her. The father, naturally, is unhappy with the idea as he fears he will lose touch with his child. What are they to do?
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The problem of cross-border family relocation
April 26, 2010
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Across Borders, After Separation & Divorce, Child Abduction, Divorce Mediation, Ex-pats, Family Relocation, International, The Hague Convention | 
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Posted by madridmediation
Toledo Out of Jail
March 11, 2010Raquel Toledo was released from prison earlier this week after serving half of the 30-day sentence she was given for breaching her child custody agreement. According to “Raquel Toledo ya está con su hija” Toledo went to pick up her daughter from her ex-husband as soon as she was released.
That’s interesting because an earlier article reported that custody of the three-year-old had been awarded to Toledo’s husband. Either Toledo has visitation rights and her release from jail coincided with the timing of her visits, or her husband had no problems turning their daughter over to Toledo even though it was not technically her turn. Whichever it was, it will be interesting to see how their custody dispute is eventually settled. Let’s hope that more jail is not involved.
Leave a Comment » | After Separation & Divorce, Conflict, Custody, Ex-pats, USA | Permalink
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Another Spanish Mother Imprisoned Over Custody Dispute
March 1, 2010In a story that brings to mind the saga of Maria Jose Carrascosa, a second Spanish woman is now in jail over a custody dispute with her American ex-husband. Raquel Toledo is serving a 90-day sentence in a Houston jail for allegedly violating her shared custody agreement with her ex, Robert Krastchmer. According to the article,“Encarcelada una española en EEUU por impedir la custodia compartida de su hija,” Krastchmer has accused Toledo of not letting him see his daughter on five occasions between 2008 & 2009. The couple met in 2004 but separated after having a daughter.
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Leave a Comment » | Ex-pats, Shared Custody, Spain, USA | Permalink
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Expats & Spanish Divorce Law – part 2
November 29, 2009In Part 1, I described how the revision in 2003 of Article 107 of the Civil Code means that immigrants no longer have to divorce under the law of their country of origin if that law is discriminatory.
However, if you and your spouse are English, there may be advantages to filing under Engish law, or even in England. Marilyn Stowe, a UK divorce lawyer, has commented extensively on this subject in her family law blog and was also quoted in a recent article in the Guardian Weekly,“Warring Across Waters.”
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Leave a Comment » | Across Borders, After Separation & Divorce, Divorce Mediation, Economic Factors, Ex-pats, How Mediation Works, Residence, Separation Mediation | Permalink
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Expats & Spanish Divorce Law – part 1
November 26, 2009Prior to 2003, if married partners were of the same nationality, the law of their country of origin applied in case of divorce. But in 2002 a group of Moroccan women filed a complaint with the Defensor del Pueblo on the grounds that Moroccan law discriminated against women and therefore violated the Spanish Constitution. As a result, Article 107 of the civil code was revised. The Article now reads that the law of the country of origin will be applied except in certain circumstances, one of which is that this law does not recognise separation or divorce and/ or is discriminatory.
Leave a Comment » | Across Borders, After Separation & Divorce, Conflict, Discrimination, Divorce Mediation, Ex-pats, How Mediation Works, Immigrants, Residence, Separation Mediation | Permalink
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