Journal Article

The Equality Rights of Parents and the Protection of the Best Interests of the Child after Partnership Breakdown in Spain

Teresa Picontó Novales

in International Journal of Law, Policy and the Family

Volume 26, issue 3, pages 378-400
Published in print December 2012 | ISSN: 1360-9939
Published online October 2012 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/ebs010
The Equality Rights of Parents and the Protection of the Best Interests of the Child after Partnership Breakdown in Spain

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Spanish society is in a process of profound change in family structures and law. Legal reforms (the national law 15/2005 reforming divorce; legislation affecting family law in various autonomous regions) are aimed at promoting the rights to freedom and equality of parents favouring self-regulation and shared custody. However, gender inequalities and the fact that the rights of adults do not always coincide with the rights and the best interests of children call for an in-depth analysis both of the legal changes being implemented and the relevant judicial practice. Such a study calls for a certain critical distance. In a society in which the power relations between couples and the sharing of domestic tasks are unequal, the application of shared custody will not be exempt from tensions and contradictions. However, above all, the needs of children must be given priority and this requires that agreements reached by parents must be flexible and able to guarantee the rights and well-being of their children. This necessitates efforts to develop clear and reliable criteria for use at the point of implementing the new legislation relating to shared custody.

Journal Article.  10269 words.  Illustrated.

Subjects: Family Law ; Marriage and the Family

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