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International Family Law

The leading authority on international family law

22 MAY 2012

Spain - The risks of non-applying the National Law or false comprehension of the minor's Interests under Spanish Jurisdiction when not applying the Hague Convention of 1980 of the Civil Aspects of Child Abduction

Miguel Maldonado Gonzalez

In this case, the marriage took place in Spain, the parties were both Spanish nationals and the children were born in Spain. After a couple of months, when the second child was born, the father found a job in Switzerland and they moved to this country. Four years after their move, the couple separate and does not start the divorce proceedings. The Swiss and Spanish legal systems allow the separation figure, before the divorce establishing a series of measures, obligations for the spouses, the family residence, the common properties and the common children of the marriage.

This is why, as the figure of the joint custody does not exist in Switzerland although it does in Spain, a broad timetable for visits is established for the father with his children. This way, the children are with him the weekends and several days during the week.

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