When divorced parents move to another country, what happens to measures related to their children?

Among the various complexities arising from the divorce of foreigners in Spain with children, there is the common situation in which one of the former spouses returns to their country of origin or moves to a different country for work. How does this decision affect the measures adopted at the time of the divorce with respect to custody of the children and the various terms governing the visitation schedule or child support payments?
It is essential to understand that any measures related to the children, whether they have been agreed to by both parties as part of a regulatory agreement or as a result of litigation, are always linked to the circumstances of the various parties at the time they were established.  Therefore, these measures lose their validity when it comes to as drastic a change as moving residence to another country, and make it necessary to adopt measures adapted to the new situation. To do this, you must ask the same court that issued the original ruling to amend the measures.
Bearing in mind that the predominant criterion is always the child’s best interest, it is possible for visitation schedules and financial burdens to be adjusted based on the new circumstances. For example, it is common for the visitation schedule to be adapted by extending vacation stays in order to compensate for the child’s less frequent encounters with their non-custodial parent. Likewise, it may be necessary to establish responsibility for the expenses derived from the trips abroad that the child needs to take.
Even if the person leaving Spain is the parent with custody, in no case can they assume that this gives them the right to take the child with them without the authorization of the other parent, who still exercises parental authority. In the event of a dispute, the court will make a decision that safeguards the child’s interests. Legal precedent tends to prioritize attachment to the parent, although the ease or difficulty of the child’s adaptation to the country of destination must also be taken into account, as well as the parent’s ability to provide them with adequate support in their new place of residence.
Situations arising from the divorce of foreigners in Spain require specialized legal advice given that the complexity of the international element adds to the difficulty these cases involve on their own. At ICN LEGAL, you’ll find a firm known specifically for its guidance and experience in cases with an international dimension.

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