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Joint Custody (Spain)
In Spain, joint custody is the equal right of both parents to take legal custody of their children. It began in 2005, when a new divorce law introduced the notion of joint custody ( es, custodia compartida), subject to the agreement of both parents. Subsequently, some regional parliaments have passed laws that make shared parenting the preferred option. The Joint Custody Law in Spain The 2005 divorce law (Law 15/2005) introduced the important new possibility of joint custody, even though this is subject to the mutual agreement of both parents. Such agreement is given only in rare cases. Practically, in most divorce cases the sole custody of the child is given to the mother. Joint custody, or co-parenting, has been defined as "the legal situation where, in case of divorce, both parents have equal rights to take legal custody of their children". Joint custody is intended to fulfill the provisions of the Convention on the Rights of the Child. Proclaimed by the General Assembly ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spain
, image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , image_map = , map_caption = , image_map2 = , capital = Madrid , coordinates = , largest_city = Madrid , languages_type = Official language , languages = Spanish language, Spanish , ethnic_groups = , ethnic_groups_year = , ethnic_groups_ref = , religion = , religion_ref = , religion_year = 2020 , demonym = , government_type = Unitary state, Unitary Parliamentary system, parliamentary constitutional monarchy , leader_title1 = Monarchy of Spain, Monarch , leader_name1 = Felipe VI , leader_title2 = Prime Minister of Spain ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Best Interests
Best interests or best interests of the child is a child rights principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”. Assessing the best interests of a child means to evaluate and balance “all the elements necessary to make a decision in a specific situation for a specific individual child or group of children”. Definition According to the UN Convention on the Rights of the Child, assessing the best interests of a child means to evaluate and balance “all the elements necessary to make a decision in a specific situation for a specific individual child or group of children”. Due to the diversity of factors to consider, usually more than one profession or institution is involved in the a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fathers' Rights
The fathers' rights movement is a social movement whose members are primarily interested in issues related to family law, including child custody and child support, that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children's mothers—either after divorce or as unwed fathers—and the children of the terminated marriage. The movement includes men as well as women, often the second wives of divorced fathers or other family members of men who have had some engagement with family law. Many members of the movement are self-educated in family law, including child custody and support, as they believe that equally-shared parenting time was being unjustly negated by family courts. Though it has been described as a social movement, members of the movement believe their actions are better described as part of a civil rights movement. The movement has received international press coverage as a res ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Spain
The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions. Characteristics Spanish law follows the continental system, which means it is supported principally by the law in the broad sense (laws and regulations) and to a lesser extent by judicial decisions and customs. Likewise, it is a complex law, in which various autonomous community legislation coexists with the national. Constitutional supremacy The supreme Spanish law is the Spanish Constitution of 1978, which regulates the functioning of public bodies and the fundamental rights of the Spanish people, as well as the organization and competencies of the different autonomous communities. The Constitution, as well as being directly applicable by the judiciary, enjoys a material supremacy that determines the rest of the laws in Spain. Constitutional control ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ward Of The State
In law, a ward is a minor or incapacitated adult placed under the protection of a legal guardian or government entity, such as a court. Such a person may be referenced as a "ward of the court". Overview The wardship jurisdiction is an ancient jurisdiction derived from the British Crown's duty as ''parens patriae'' ("parent of the nation") to protect his or her subjects, and particularly those unable to look after themselves. In the United Kingdom and other Commonwealth realms, the Monarch as ''parens patriae'' is parent for all the children in their realms, who, if a judge so determines, can become wards of court. However, the House of Lords, in the case of ''Re F (Mental Patient: Sterilisation)'', held that the Queen has no ''parens patriae'' jurisdiction with regard to mentally disabled adults. A court may take responsibility for the legal protection of an incapacitated person as well a minor, and the ward is known as a ward of the court or a ward of the state. In Australia, New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shared Parenting
Shared parenting, shared residence, joint residence, shared custody, joint physical custody, equal parenting time (EPT) is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their child(ren), with equal or close to equal parenting time. A regime of shared parenting is based on the idea that children have the right to and benefit from a close relationship with both their parents, and that no child should be separated from a parent. The term ''Shared Parenting'' is applied in cases of divorce, separation or when parents do not live together; in contrast, a shared earning/shared parenting marriage is a marriage where the partners choose to share the work of child-raising, earning money, house chores and recreation time in nearly equal fashion across all four domains. ''Shared parenting'' is different from split custody, where some children live primarily with their mother while one or more of their siblings live primar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Physical Custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the right to make decisions about the child, and ''physical custody'', which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard. Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parenting Plan
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, specific agreements about who will discharge these responsibilities and when and how they are to be discharged can reduce the need for litigation. Avoiding litigation spares parties not only the financial and emotional costs of litigation but the uncertainty of how favorable or unfavorable a court's after-the-fact decision will be. Moreover, the agreement itself can authorize the employment of dispute-resolution methods, such as arbitration and mediation, that may be less costly than litigation. Drafting a parenting plan A well-drafted parenting plan addresses both the custodial rights and responsibilities of parents who share custody of a minor child or children, and the logistical and other procedures for carrying out its substantive requirements. Parents can ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parens Patriae
''Parens patriae'' is Latin for "parent of the nation" (lit., "parent of one's country"). In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention. In U.S. litigation, ''parens patriae'' can be invoked by the state to create its standing to sue; the state declares itself to be suing on behalf of its people. For example, the Hart-Scott-Rodino Antitrust Improvement Act of 197615 USC 15c, through Section 4C of the Clayton Act, permits state attorneys general to bring ''parens patriae'' suits on behalf of those injured by violations of the Sherman Antitrust Act. Discussion ''Parens patriae'' relates to a notion initially invoked ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Custody
A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward’s housing or medical care or manage the ward’s finances. Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions. Guardianship intends to serve as a safeguard to protect the ward. Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf. In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian. Guardians are typically used in four situations: guardian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Court
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with “clean hands” and the request was reasonable, “quantum meruit”. Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each US state and each country has a different system utilized to address family law cases including decisions regarding divorce cases. In the United States Family courts were first established in the United States starting in the late 1910s at the behest of probation officers invested in the success of specialized domestic relations courts. Members of the National Probation Association (NPA) advanced the idea that "combining criminal nonsupport, juvenile delinquency, and divorce into a unified 'fam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
