Children’s rights after separation are a difficult situation for any family. In Barcelona, the law stipulates that the rights of children must be respected during the separation process. However, it is often difficult to know exactly what these rights are and how they can be protected. In this article, we will provide you with a complete guide on children’s rights in a separation in Barcelona and how parents can protect these rights.
The custody of children after a divorce or separation is one of the most sensitive issues to be dealt with by couples who decide to separate. In such cases, the spouse who decides to assume parental responsibility must know the different options he has for the custody of the children. Adopted outside the convention, the option of the shared exercise of the guard suits the best interests of the child, although one-parent custody may also be chosen.
According to the Civil Code, the judge will be able to agree to the guardianship of the children and arrange for the guardian to be shared, as this benefits the minor children. Both parents, in the proposal for the regulatory convention, must take into account the child’s best interests and ensure maximum stability for children in their care and activities. However, minors will also have the opportunity to request the attention of one parent for their own benefit, according to the Catalan Civil Code.
Children’s rights after separation in Barcelona – What rights do they have?
- Children are entitled to a safe and stable home. During the separation process, it is important that parents work together to ensure that the child’s home is as stable as possible. It is also important for parents to take measures to ensure the safety of the child. If there are concerns about the safety of the child, a complaint may be lodged with the competent authority.
- Children have the right to have a relationship with both parents. Even if parents are not together, it is important that children have regular contact with both parents. This may be difficult if parents do not get along well, but it is important that parents work together to ensure that children have a healthy relationship with both parents.
- Children have the right to be protected from violence and abuse. If there are any concerns about the safety of the child, the competent authorities must be informed immediately. If a parent has been accused of domestic violence or child abuse, it is important that measures are taken to protect the child.
- Children are entitled to an adequate level of financial support. Parents have a responsibility to provide adequate financial support to their children, even after separation. In Barcelona, this is done through a food pension.
- Children have the right to participate in decisions that affect them. Children have the right to be heard and taken into account in decisions affecting them. This can be especially important in cases of custody and visits.
How to protect children’s rights following a separation in Barcelona.
Open and respectful communication between parents:
It is important that parents work together to maintain open and respectful communication. This may be difficult during a separation, but it is important for parents to set aside their differences and work together for the welfare of their children. Parents must ensure that they are kept informed about the life of the child and that they share important information with each other.
Family mediation:
In Barcelona, family mediation is a voluntary process that can help parents reach an agreement on matters such as custody and food pensions. Mediation can be a useful way of resolving conflicts without having to go to court.
Family lawyer:
If parents cannot agree on important issues such as custody and food pensions, they can turn to a family lawyer. A family lawyer can help parents negotiate and reach a fair deal for both sides. They can also help parents understand their legal rights and obligations.
Family Court:
If parents cannot reach an agreement through mediation or help from a family lawyer, they can appeal to the family courts. Family courts can make decisions on matters such as custody, food pension and visits. It is important to bear in mind that the judicial process can be costly and protracted, so it is better to try to reach an amicable agreement before reaching this point.
What happens if one of the parents does not fulfil their obligations?
If one parent fails to meet their obligations, such as paying the food pension or allowing agreed visits, the other parent may take legal action. A family lawyer may be required to help take legal action. A father who does not fulfil his obligations may also face legal sanctions, such as fines or even time in prison in serious cases.
Conclusion:
Separation is a difficult situation for any family, but it is important to remember that the rights of children must be respected and protected. In Barcelona, children are entitled to a safe and stable home, a relationship with both parents, protection against violence and abuse, access to education and medical care, and participation in decisions affecting their lives. Parents must work together to ensure that these rights are complied with and that measures are taken to minimise the negative impact of separation on children’s lives.
Shared custody of children after divorce is one of the options that can be contemplated in the event of a break in cohabitation in the Spanish civil code. If both spouses have opted for this method, it means that responsibilities towards children remain shared. It is important to specify how they intend to exercise it and to agree on the regulatory convention that will be presented to the judge on how they operate.
They must agree in what is best in the interests of the child and ensure maximum stability in their way of life. In this way, the emotional link between children and their parents is adequately protected and they are prevented from uprooting their daily lives. In order for the shared exercise to be agreed, both spouses must reach this agreement in the course of the separation process, and a favourable report from the fiscal ministry must be presented. Only in this way can spouses be cited and ensure that the guardian is exercised in a way that benefits children.
The help and advice of trained professionals, such as family lawyers, mediators and child psychologists, can be beneficial in the process of separation. It is also important to maintain open and honest communication with children and provide them with emotional support during this difficult time.
In short, in Barcelona, children’s rights in cases of separation are an important issue and must be taken into account in order to guarantee their well-being and security. Parents must work together in the best interests of their children and seek help if necessary to meet the challenges that arise along the way.