The Supreme dictates that “reasonable” differences between … – EntornoInteligente

ABC of Spain 2 / The Supreme Court (SC) has awarded joint custody of a child requested by the parent holding that the existence of differences between parents who are reasonable, as the lack of agreement in the school where the child should study not preclude this regime.

The High Court considers that the scheme is desirable because it promotes the integration of the child with both parents, without imbalances, prevent “bereavement”, does not question the fitness of the parents, and considers the cooperation of the same in the child.

The TS and reverses the judgment of the Provincial Court of Seville, who awarded custody the mother in finding that there was a “significant” level of conflict and tension in the couple allowed to infer that joint custody would not be a solution “but a hotbed of problems” that would intensify “the prosecution of the life of the litigants “and adversely affect the stability of the child.

As evidence of this tension, the Court took into account the” serious discrepancies “by school enrollment of the child (for economic reasons, as studied in Private non-contracted) center, and the fact that the woman had been convicted of a lack of constraints following a complaint from her husband for having changed the lock on the family home.

For the Supreme, the reasons put forward by the Court to advise against joint custody in this case “do not constitute sufficient basis for understanding the relationship between parents is of such a confrontation that prevents a channel of dialogue.”

First, consider that conviction for coercion of women does not constitute a demerit for man (appellant). Second, states that the discrepancy about the school the child and its economic consequences “is a reasonable divergence”.

Thus, the judgment states that “for the adoption of shared custody system does not requires agreement seamless, but a reasonable and efficient attitude at the unfolding of the child, as well as a dialogue skills that have presumably exist in two professionals and litigants now (both are professors). “

Information ABC of Spain 2