May 2, 2011
In the news today, a novel custody arrangement dictated by a Seville judge: the children will stay put and the parents will alternate living with them on a quarterly basis (in line with the school year). According to Judge Francisco Serrano of Seville Family Court No 7 court the arrangement is feasible given the family’s resources; it also makes sense as both parents have been involved in the their children’s upbringing until now.
Judge Serrano is an outspoken supporter of custodia compartida and is the author of Un Divorcio Sin Traumas.
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After Separation & Divorce, Custody, Economic Factors, family home, Shared Custody, Spain | 
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Posted by madridmediation
May 1, 2011
Since the Tribunal Supremo (TSJ) announced its decision last week there has been plenty of reaction. On Saturday, El Páis published “Lo que la hipoteca unió, que no lo separe un juez” exploring some of the possible consequences of the ruling (one of which might be a blizzard of petitions from ex-husbands requesting a modification of their divorce agreements).
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Posted by madridmediation
April 25, 2011
According to an El País article that appeared on 24 April
the Tribunal Supremo (TSJ) has just ruled that after divorce ex spouses should bear mortgages equally. The ruling overturned the decision of a provincial court that a father pay 80% of the mortgage on the family home, arguing that the man had sufficient resources to do so.
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Posted by madridmediation
January 13, 2011
Parental Alienation Syndrome (PAS) is not recognized as a mental disorder by the World Health Organization or the American Psychiatry Association. Nevertheless it has been used by Spanish courts to remove children from the care of custodial parents. The government therefore recently reminded judges that they are not to base rulings on PAS, or what El País termed “una patología inexistente”.
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1 Comment | Child Custody, Maltrato, Parental Alienation Syndrome, Spain | Permalink
Posted by madridmediation
December 12, 2010
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October 19, 2010
…even when one parent doesn’t want it. The Spanish Supreme Court ruled today that custody can be shared even when one parent disagrees as long as it is in the best interests of the child.
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1 Comment | Custody, Shared Custody, Spain, Valencia | Permalink
Posted by madridmediation
October 3, 2010
Although she neither married her partner nor adopted her partner’s child Empar Broch was able to prove to the Valencia courts that she acted as the child’s mother. After a two-and-a-half year battle Broch has finally won the right to visit with the child, now seven. Broch and the child’s biological mother separated four years ago.
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Leave a Comment » | Conflict, Gay & Lesbian parents, Puntos de Encuentro, Valencia | Permalink
Posted by madridmediation
September 28, 2010
Navarra is thinking of following in the footsteps of Aragón insofar as its divorce laws are concerned. According to an article in last week’s ABC the local parliament has agreed to consider a proposal to give preference to shared custody arrangements. The proposal aims to encourage both parents to continue to be involved in their children’s upbringing after separating and to make sure children don’t lose contact with grandparents and other family members.
The proposal will encourage parents to use mediation to resolve their disputes.
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Posted by madridmediation
September 4, 2010
“The best interests of the minor child” is a phrase found in the family code of many states across the USA, meaning that judges must keep the child’s interests utmost in their minds when settling child-custody disputes. What about Spain?
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