I'm Abel Molina Iniesta lawyer and mediator accredited by Ministry of Justice, matrimonialist, couples and family, for 25 years. I share my article published in the press this month of March.
In the day to day of my work as lawyer and mediator accredited by Ministry of Justice, matrimonialist clients whose divorce or relationship ended with minor children I managed 2 years ago, 5 or 15 years old they return to the office and explain to me that there have been changes in their lives.
A very common question that I am asked by customers is related to the change of place of residence of the minor child. Another very frequent concern is also the need to obtain a passport for minor children to see relatives abroad. The obstacle is always the same: the other father or mother does not authorize the change of residence or that the passport is managed.
As marriages or couples are increasingly from different origins after the breakup, one of the parents wants to go to their country in the summer so that the children can see the grandparents, cousins etc. And you need a passport.
There are many other cases or examples, but these two consultations once divorced or the couple has ended, at least in me Law Firm and for me experience, are the most frequent.
Have a parent have custody of your children, keep in Catalonia, Whether exclusive or shared, it does not give you the right to decide on issues such as those mentioned by way of example..
You cannot decide why in the legal framework of our country, and from other countries, the decision on these issues are within the parental authority. What is different from custody. I like to tell clients to imagine parental rights as a big umbrella owned by the parents and placed above another umbrella., called custody, and that it can be both or one or the other (Depending on the custody, both have it or one or the other).
“The custody it is like a great “umbrella” protector and whose owner is the parents and who is above another “umbrella” called custody that can be of both or of one or the other.”Abel Molina Iniesta, marriage lawyer
I will be practical and I will not enter into cases of suspension of parental authority to one of the fathers or mothers or exclusive exercise by one of them for various accredited reasons..
Our routine varies and with it our walks, dynamics and the Judgment of mutual agreement of divorce or end of couple and relations with children, or the contentiously decreed by the judge must also adapt to the changes always for the benefit of even minor children. There are cases in which the parents already with independent lives lived in Cuenca or Girona or Barcelona and they are going to remarry, or they are going to live with the new partner or they are going to accept a good job offer that implies moving the residence to Madrid, Coruña, Ceuta or abroad.
We can achieve this updated adaptation by mutual agreement with the other parent or we will have to go to court. And continuing with the two examples of the beginning change of residence or authorization to obtain a minor's passport, we must go to the so-called Voluntary Jurisdiction Law 15/2015 with its subsequent reforms.
This law will be the tool, the key, that will allow us to present to the court the reason for the need to change residence or obtain a passport, for example. Or why not, it will be decided whether or not to authorize the management or change.
Many times authorizing the change of residence of the minor implies many more additional changes. If the divorced live in the same city, Gerona, or close to each other and one of them goes to work in Perpignan, anyone will say that it is close, France is 1 or 2 hours by car from Spain... or 10 hours if you live in Cádiz. The youngest son's school, visits from the father or mother during the week, vacation, weekends... Imagine if the change is many more kilometers away, Japan, USA, Norway…
As far as possible and always in benefit of the child and his well-being you have to manage, agree amicably, of the remaining amount, custody changes, or cadence of visits among other related extremes.
Compensate the other parent who does not propose the change with more weeks of vacation in summer or Christmas; or relax the amount of alimony if you are not going to enjoy the company and overnight stay of your child during the week; or they will not be able to be the visits on rotating weekends and only once a month; anticipate new travel expenses, planes, trains... a long etc are options to assess to reach an amicable agreement.
Many times when an agreement is not reached, either due to stubbornness or fear of international abduction, The lawyers find that while the request for authorization is processed, or not, of the court by means of the aforementioned law, the other party raises some other type of legal action, as precautionary measures, parallel to the other file. Here the procedural coordination of the matter and applicable laws is complex and the matter managed through the voluntary jurisdiction law may be suspended until the previous file is finished, even if it is presented at a later time.. These are procedural issues that deserve more detail..
Although you can initiate a voluntary jurisdiction law process by filling out a judicial form, hire a lawyer matrimonial and couples will always be one investment in the technical management of the matter and well-being of your children.
All the best.
Abel Molina Iniesta, is a lawyer and mediator, accredited by the Ministry of Justice.
February 27in family law, divorcematrimonial law, couples, couples, too..
He is also member 482 of the Catalan Society of Family Lawyers (SCAF)
He is a member 102 in the International Association of Family Law Jurists (AIJUDEFA)
ABEL MOLINA LAWYER LAWYER - MEDIATOR
LAWYER - MEDIATOR