Niño

Parental alignment Child abuse or emotional manipulation?

Parental alienation is known as the emotional manipulation that a parent exerts on the children so that they reject the other parent. It is commonly found in the processes of separations or conflictive divorces in which the parents are playing the custody of the children. This increased tension between the parties is unfortunately passed on to the children. Many know this figure as a "subtle" form of child abuse because it is considered by professionals as an "alteration of…

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Mujer visita al médico por gestación subrogada

A CHILD FOR HIRE? THE SURROGACY DEBATE

Surrogacy or surrogate motherhood are concepts that obey the same process that consists of a woman (surrogate mother), who carries out the entire pregnancy process and gives birth to a child for another person or couple (non-gestational mother). From the moment the surrogate mother gives birth, she gives up her legal rights over the baby. In Spain surrogacy is NOT allowed. Moreover, it is expressly forbidden (Article 10 of Law 14/2006, of May 26, on assisted human reproduction techniques),…

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Una policía se prepara para entrar y registrar un domicilio

Entry and search: can the police enter my home?

An entry and search is an investigative measure limiting fundamental rights that may be carried out within the framework of a criminal proceeding. The Spanish Constitution recognizes the special protection that the home deserves, as it is the place where the most intimate and private life of individuals takes place. Thus, Article 18 of the Constitution establishes the inviolability of the home and the constitutional protection it deserves, indicating that no entry may be made without the consent of the…

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Autónomo estresado por no saber como hacer el compliance penal

Criminal compliance is no longer optional, it saves your company from serious sanctions.

Although this figure has been introduced several years ago, there are still people who are unaware that a legal entity may be criminally liable. Companies may be criminally liable for crimes committed by their administrators or directors, or also for crimes committed by their employees in the event that the directors have breached their duties of supervision, control and oversight. The legal entity is not criminally liable for all crimes, but only for those provided for in the Criminal Code,…

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Persona siendo detenida por la policía

Do you know what to do if you are stopped? Know your rights

When a person is detained by the police for allegedly participating in criminal acts, he or she has several rights under the Spanish Constitution and other laws. Article 17 of the Constitution guarantees that no one may be deprived of his liberty, if it is not in accordance with what the Law establishes. It also recognizes the right of any detained person to initiate the "habeas corpus" procedure in the event that he/she considers that his/her detention is not in…

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Una persona es juzgada por un delito leve

What are misdemeanors and how are they prosecuted?

The misdemeanor procedure is a special criminal procedure through which misdemeanors are prosecuted. Misdemeanors are considered minor offenses when the Penal Code punishes them with a fine of up to 3 months, permanent localization of up to 3 months, community service of up to 31 days, prohibition of communication or proximity to the victim of less than 6 months, or other minor penalties. In case of committing a crime that is punishable by any of these penalties, its…

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Menor de edad sometida a régimen de visitas

VISITATION: HOW TO RESOLVE CONFLICTS AND PROTECT CHILDREN’S INTERESTS

Problems with visitation affect both parents and children. We must try to resolve these conflicts from a sensitive, equitable approach based on respect for all. Many parents forget that what we must prioritize is the welfare of the child. In practice, to avoid problems with the visitation regime, the first thing to do is to draw up a good Regulatory Agreement before starting the divorce process. This document must be clear, balanced and precise, but at the same…

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Padres modifican pensión de alimentos mediante un juez

MODIFICATION OF ALIMONY: WHEN AND HOW TO REQUEST IT LEGALLY

In family, divorce or separation proceedings, one of the most important issues affecting the welfare of the child is the alimony. Once it is fixed in a Judgment or in a Decree, it can be subject to modification depending on the circumstances and needs of the child. The Civil Code of Catalonia regulates the procedures and requirements so that we can make these modifications. In this article I explain when it is possible to modify the alimony, what are…

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Padre, madre e hijo hablando sobre la custodia compartida

JOINT CUSTODY: MYTHS, REALITIES AND TIPS FOR REACHING AN AGREEMENT

One of the most important issues we deal with in a divorce proceeding is child custody. Lawyers and Judges prioritize the welfare or best interests of the child at all times. However, there are many myths about shared custody. In this article I will explain what joint custody is, what myths surround it and what strategies I give you to negotiate a fair and peaceful custody. Shared custody is a modality in which time is divided between…

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Pareja divorciándose en Barcelona

EVERYTHING YOU NEED TO KNOW BEFORE INITIATING A DIVORCE: LEGAL RIGHTS AND RECOMMENDATIONS

Making the decision to divorce is a very important and complicated step since it has emotional and legal repercussions. Many clients are afraid and believe that it will be a process that will bring a lot of headaches, but it does not have to be that way. Here are some recommendations if you want to get divorced: The first recommendation or advice I give you before starting a divorce process is to consider going to Family Mediation. While…

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