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Carolina Marin Pedreno
Spanish practitioners have welcomed one of the latest judgments of the National Courts in respect of the consequences of non-normal administration of justice in a family case.
The Spanish Minister of Justice has been ordered to compensate a Father from Seville, southern Spain, with €9,000 for the delay of one year in commencing his contact visits with his daughter, due to the waiting list of the Family Contact Centre.
The Family Court of Seville ordered contact between the Father and his daughter in a Family Contact Centre in September 2007. The Family Contact Centre did not have capacity to accommodate a new family for another year, therefore until September 2008.
The National Court has indicated that the structural deficiency and the delay of 1 year to establish contact was due to the non-normal function of the administration of Justice. This delay deprived the Father and most importantly the child of contact at a crucial time in her development, being 7 years of age at the time the order was made for contact to commence.
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