Since the divorce law was passed in Spain in 1981 over a million couples They have officially broken. Although there is no rigorous study that allows to know how many shared custodians are requested in Spain without agreement between the spouses and how many judges grant, some data indicate that justice grants 96% of custodians of mothers.
It seems that this is going to change, at least in Catalonia, because a Catalan law will establish that judges must grant "preferential" the shared custody of the children when their parents separate or divorce and there is no agreement.
The classic model of divorce agreement grants custody of the children to the mother, attributes the use of the house and sets a food pension that the father must pay. And if the woman has no income, a compensatory pension is assigned. This new law aims to break that automatism.
Recognize the right to pay the pension to the spouse who is in worse economic situation, but temporarily and assessing the economic position of each. The pension can only be modified downwards and is terminated if the beneficiary marries or starts another relationship. Housing is also preferentially attributed to those who stay with the children, but temporarily and considering that this should be taken into account when fixing the food pension.
The philosophy behind this change is according to the creators: "The obligation of the legislator is to defend the interests of the children, but with absolute respect for the principle of equality of parents. That is why we think that the usual rule must be shared custody. "
Another novelty of the future Catalan legislation "parentality plan"that the parents are obliged to present. It is a document in which they have to propose in detail issues such as the place where the children will live, how they will relate when they are not with the custodial parent and how to take decisions that affect the education of minors.
From what I have read in the documents that I attach below, there is no consensus among jurists on this issue but other countries such as France, Italy and Belgium have already regulated shared custody as the rule to apply.
In Spain many associations are fighting for this and other measures in favor of the equality of both parents, such as the Association of Separated Parents (which groups 22,000 people throughout Spain) and the Association of Children of Separated Parents. This was created by a woman who had a traumatic experience between the ages of 13 and 18, when she escaped at all times from her mother's house because she wanted to go to live with her father and the judge did not allow it.
According to her: "That was a martyrdom for me. That's why I think children must have father and mother and that shared custody is the best option when the relationship ends".
This is a delicate and bleeding issue where there are because when there are so many children affected by the problems and differences of their parents, the judge has the future and emotional security of families in their hands.
I pity the judges many times, I don't think Solomon had it easier.
