Can a pet be considered a “child” in a separation? The answer is yes. When a couple separates, they should discuss who will take care of the pet and how the other will contribute to the pet’s expenses. Animals are sentient living beings, as determined in our regulations. What does this mean? In that we must consider them as a party in a separation or divorce process. Many clients ask me: Does it make a difference where I go for
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 the
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), since
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
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,
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
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 processing will
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 time, flexible
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 the
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 the parents and
