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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5984
Experience:  Spanish Attorney
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The divorce is taking place in the english courts. Both

Customer Question

The divorce is taking place in the english courts. Both parties currently live in Spain. There is one six year old child of the marriage.Which country's courts will have jurisdiction if a custody battle commences?
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Hi there

I need to know if they agree or not

If they agree they can choose the court

If they not is harder and more expensive, they can choose but the other part can deny and get more time and delate

Customer: replied 1 year ago.
Thank you for your response. If there is no agreement, the husband will apply to the court which is likely to award at least joint custody. In the absence of any special circumstances, I assume an English court would normally award sole custody to the wife with access arrangements for the husband. Do you agree? What powers might the husband have to influence future decisions?
I understand that the Valencian government has recently attempted to change the normal Spanish rule of always giving custody to the wife and tried to make joint custody more likely. I believe this has been challanged as unconstitutional and the position is unresolved. What is the government trying to achieve and will it succeed?
In the absence of agreement, if one party chooses a particular court i.e. husband proceeds in Spain, what arguments can a wife raise to defeat the application if all parties live and work in Spain?
Customer: replied 1 year ago.
I cannot tell whether my response and further questions has been sent. I press send but nothing seems to happen.
Expert:  José M. replied 1 year ago.

Hi there

You are right, probbalbly the shared custody could be easier to get in UK better than in Spain

In Spain is herder but not imposible

In order to get the chances we have to speak about some circunstances

In both of they lives close one each other and close to the place where the minor studies--The previous practice of the parents in their relations with the child.-their personal skills. -The wishes expressed by competent children. -The number of children. -The compliance with the parents of their duties in relation to children. -Mutual respect in their personal relationships. -The result of legally required reports. -Any other that allow children a life in a coexistence that must necessarily be more complex that must be when the parents live together.

So, let me know about the circ**tances and I could tell you my opinion about the chances to get the shared custody here in Spain

Thank you

Expert:  José M. replied 1 year ago.

I need to know if both of them works and have their own income

Thank you

Customer: replied 1 year ago.
Can you please tell me what the Valencian government are trying to do about joint custody?
Customer: replied 1 year ago.
Both work and have their own income!
Expert:  José M. replied 1 year ago.

They are trying to change the used rule now where shared custody is not usual and to get that shared custody become the used rule as usual

Expert:  José M. replied 1 year ago.

Think about the other points, if both places are close one to other ans so on

Thank you

Expert:  José M. replied 1 year ago.

The chances will be higher if both of them live close and judge considerer that the shared custody will be the best for the minor

Customer: replied 1 year ago.
I understand what the Valencian government seek to achieve. Has the government managed to change the law yet and if so, what is the change? If not, is the matter still in dispute and when will that dispute be resolved?
Expert:  José M. replied 1 year ago.

It a political option and the politics have changed, so, nobody knows what the new equip will try

And this kind of changes takes a lot of time

I do not take on count new changes if i were you

I would take my options and study them with the actual rules

Thank you

Expert:  José M. replied 1 year ago.

I gently ask for a good rate of the service. I will answeer your further questions anyway

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