Although the evolution of European Union legislation has contributed to many advancements in terms of the cross-border application of court rulings, it is still often necessary for citizens to take action so that what has been decided by the justice system of one country is enforced in another according to EU law. This often happens when there is a conflict in terms of family law rulings.
In Catalonia, whenever a couple with minor children divorces or separates, there is a unique and essential element that both parties must understand: the parenting plan, whose existence has been provided for in the Civil Code of Catalonia since the approval of Law 25/2010. What are its characteristics?
Given that the start of the school year involves an average expenditure of around 300 euros per child according to some estimates, the return to classes may lead to arguments between divorced parents as to who is responsible for paying for their child’s school supplies.
What happens when a married couple with minor children (who are temporarily in Spain) is involved in a situation that leads to their separation? While the Spanish courts are only able to act in cases involving the separation or divorce of foreigners in Spain if at least one of the spouses is a habitual resident, the protection of a minor may demand urgent intervention in the event of a conflict between their parents.
According to Spanish and European Union (EU) law, any EU citizen has the right to reunite with their family members where they reside within EU territory. Thus, a marriage with these characteristics gives non-EU citizens the opportunity to acquire the right to reside in Spain, but always in a manner subject to certain requirements that must be taken into account.
When we talk about divorce, most of our attention is usually focused on measures related to parent-child relationships, but in the context of a family rupture, it is also essential for lawyers specializing in family law to consider the grandparents’ role. How can it be guaranteed, in case of conflict, that they have the opportunity to spend time with their grandchildren?