Las Cortes de Aragón have passed the first law in Spain that considers the custody of the children as preferential treatment to be taken by judges in cases of separation or divorce when there is no agreement between the parents. The approval comes at a social and political development in the debate that rages to modify the reform of divorce law passed in 2005, which qualifies as a joint custody situation "exceptional" only be granted if the prosecutor informed please . Catalonia also
latest law, the less ambitious than the Aragon, which seeks greater involvement of men in childcare and mitigate the effects of divorce. Also, the General Assemblies of Biscay today approved a motion law which urges the Government urgently to present in Parliament a draft amendment of the law of divorce that joint custody is the preferred model . In the same vein is positioned Ararteko (Ombudsman of the Basque Country) in its latest annual report. In the Valencia the debate is on the table. Meetings have begun to legislate in this regard.
Equality Act in family relationships at the breaking of the coexistence of the parent states that "the judge shall preferentially the custody in the interests of minor children, unless the individual custody is more convenient. "
judicial decision will be based, among other factors, family relations plan to be submitted each parent after the breakdown, something that is not now recognized in the English Civil Code. The plan must detail the fate of housing, living arrangements and visitation of children, alimony and the mother, if any, issues now decided by the judge or included in any agreement relating to divorce if the parties have mutually agreed. However, the Aragonese law goes further and states that this plan should also reference to the system of children's relationship with siblings, grandparents and other relatives and significant others. It aims to end well with a situation that affects hundreds of thousands of grandparents from Spain, usually paternal, they stop seeing their grandchildren after divorce.
are produced annually in Spain more than 100,000 ruptures. The National Statistics Institute (INE) estimates separations, divorces and marriage annulments in 118,939, far from the 145,919 that were reached in 2006, when there was no crisis. There are no rigorous studies on joint custody awarded, but no one doubts that barely 5% of the total. The vast majority are by mutual agreement, since the narrowness of the current legislation would prevent the judge choose this route. Another thing is, every law, a loophole, because the ultimate judges are giving what is called extensive visits schemes in practice are actually shared custody, not of law.
Aragonese law states that custody will not be granted, either individually or shared, "when the judge becomes aware of the existence of strong evidence of domestic violence or gender." Some voices warned that this could encourage abuse drafted the Penal Code. The initial draft of a final sentence and spoke no evidence, but was changed, says Mary Smith, coordinator of the lecture parliamentary deputy of the PAR.
Another article states that the judge limited the allocation of the use of the property to a parent if the parties fail to agree deal and even may make the sale if it benefits family relationships. The decision to use that is held in Spain gives the woman the custody, maintenance payments and the use of shelter limited in time. Believe it or not, is a web that ensnares women, because when the children were emancipated, the parent requests the division of the commonplace. And she, with a certain age, is forced to leave the house if you can buy him his share.
Aragonese law also contains a transitional provision that allows retroactive, so that when it comes into force in three months, will review all the court judgments. Www.leyfacil.com
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