Reluctant father forced to share custody in landmark ruling by Spanish court
An unwilling father has been ordered to share custody of his two teenagers in a landmark ruling by a court in Spain.
A judge ordered the man to equally share custody of his two children despite his unwillingness to do so after their mother said she could no longer cope.
The court in Cordoba ruled that both parents should equally care for their 15-year-old boy, who suffers from a disability, and his 17-year-old sibling.
The couple, who divorced five years ago, will take weekly custodial shifts of their children.
The ruling which was made on January 23rd and made public this week, was hailed as a landmark by the Spanish family lawyers’ association (AEAFA).
“It’s the first time a father has been forced into shared custody despite his opposition to it,” María Dolores Azaustre, vice-president of AEAFA told Europa Press.
“The custom is that shared custody is considered a right instead of a duty,” she said. “Until now, the courts reinforced that if a parent refused to take care of the children, they couldn’t be forced.”
The mother, who was awarded sole custody of her two children in the 2013 divorce settlement, applied to the courts after the father stopped alternate weekend visits.
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A judge ordered the man to equally share custody of his two children despite his unwillingness to do so after their mother said she could no longer cope.
The court in Cordoba ruled that both parents should equally care for their 15-year-old boy, who suffers from a disability, and his 17-year-old sibling.
The couple, who divorced five years ago, will take weekly custodial shifts of their children.
The ruling which was made on January 23rd and made public this week, was hailed as a landmark by the Spanish family lawyers’ association (AEAFA).
“It’s the first time a father has been forced into shared custody despite his opposition to it,” María Dolores Azaustre, vice-president of AEAFA told Europa Press.
“The custom is that shared custody is considered a right instead of a duty,” she said. “Until now, the courts reinforced that if a parent refused to take care of the children, they couldn’t be forced.”
The mother, who was awarded sole custody of her two children in the 2013 divorce settlement, applied to the courts after the father stopped alternate weekend visits.
Every Thursday we'll deliver a free dose of news and views from Spain straight into your inbox. The newsletter will inform you about what's going on in Spain and (hopefully) entertain you with a selection of features. Sign up here.
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