He Minister of Justice of Spain, Alberto Ruiz-GallardónHe has announced at the Plenary Session that his department will promote a change in the Civil Code to modify the rigid single-parent system in separations and divorces.
Currently, the law provides that in case of family breakdown, the children remain in the care of the mother. What is intended with this legal change, is that the custody be shared by the father and mother so that both parents can share it equally.
The decision of the coexistence regime will remain in the hands of the judge, assessing each case and may establish that the coexistence is shared weekly, biweekly or monthly.
He Minister has responded with it, to a request from Rosa Díez from UPyD, which had requested a national law that establishes shared custody as a preferred model in separations and divorces, valuing each case and always for the benefit of the minor.
Alberto Ruiz-GallardónHe said that the foundation on which the discourse of the Civil Code is built has become outdated with the evolution of Spanish society and that a reform of this centennial law must be undertaken, for which he has asked the deputies for a period of six months to present it in Congress.
He has also explained the Justice minister, that in cases of separations and divorces, the freedom and equality of minors must replace the old patriarchal model, according to which the mother takes care of the care of the children.
Gallardón, has shown in his speech in the Plenary totally in favor of the shared custody because it favors the continuity in the family life of the child after a marriage breakdown, reducing school failure and the feeling of loss in the children and has emphasized that as the matter is very complex and in each family a series of circumstances concur that the they make unique, consider that should be left to the judge to decide what in each case is more appropriate.
In this case we are in favor of the measure taken since the fact of a separation or a divorce should not affect the children when they continue to see and enjoy their mother and father. It must also be said that many parents use children as a throwing weapon to harm themselves in divorces and separations, we hope that with the modification of this law, these types of situations disappear or at least decrease, all for the sake of our sons.
