The Constitutional Court docket has issued on November 28, 2011 Sentence annulled, the Valencian legislation “of household relations of little children whose dad and mom don’t dwell collectively”, generally known as Shared Custody Legislation.

The Valencian legislation, which got here into pressure in Could 2011, provides precedence to the pact between the dad and mom, however within the absence of an settlement it contemplates shared custody as a common rule and regulates the connection of minors with their siblings, grandparents, different kinfolk and shut mates.

In accordance with the fifth authorized foundation of the Judgment issued by the Constitutional Court docket, the custody and custody regimes already established by the courts will proceed in pressure after the publication of this judgment. That’s, all these {couples} who’ve obtained a judicial ruling from 2011 to the date of publication of the Judgment agreeing to the joint custody of frequent youngsters, will proceed to take pleasure in this custody regime as a common rule.. The Judgment establishes that the annulment of the Autonomous Legislation mustn’t essentially result in a process for modifying measures for the suppression of joint custody.

What is going to occur any longer? Can they proceed to request joint custody by mutual settlement or in a contentious means even when our ex-partner refuses to take action? .

In precept, plainly the state of affairs is not going to change a lot given the sociological modifications which have taken place in recent times, the standards of judicial specialists and the Public Prosecutor’s Workplace, which is all the time a celebration in household proceedings, and the peaceable jurisprudence of the Supreme Court docket and the Constitutional Court docket itself concerning the comfort of co-parenting, that’s, shared custody as a common rule even when there’s a discrepancy between the dad and mom.


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