Seven-year previous woman visibly upset whereas her mom is sat down subsequent to her speaking to her. The place is her father? How Spain’s household regulation handles baby custody after divorce, particularly for expat fathers. Parental rights, authorized choices, and actual examples from Spanish courts.
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Find out how Spain’s household regulation handles baby custody after divorce. Uncover your parental rights, authorized choices, and real-life examples from Spanish courts.
Do dads get a uncooked deal in Spain? The custody combat elevating large questions on fathers’ rights
When British father Jonathan Edwards moved to Spain, he by no means imagined he’d find yourself combating for the suitable to see his personal youngsters – with out even getting a day in courtroom.
Now, after almost two years locked in a authorized nightmare, his story is fuelling a much bigger debate: Do males have equal rights in Spain on the subject of baby custody and parenthood after separation or divorce?
The Spanish system: honest or flawed?
On paper, Spanish household regulation treats each dad and mom equally. Judges are inspired to assist joint custody wherever attainable. However in follow? Fathers’ teams and campaigners say the system usually favours moms, particularly within the early levels of separation when non permanent measures can drag on for months – and even years.
Enter Jonathan Edwards, a British healthcare employee who’s spent the final 19 months combating for contact together with his youngsters, whereas dealing with legal allegations that had been later dropped – and all with out, he claims, ever getting to clarify his facet of the story in courtroom.
“I used to be separated from my children with none courtroom order or rationalization,” says Edwards. “No listening to. No interview. No proportionality.”
Locked out of the courtroom?
In September 2023, Edwards claims he was arrested and held in pre-trial detention for 54 days in Granada, however says he was by no means interviewed by police or the courtroom.
He additionally claims the decide made selections affecting his parental rights with out ever listening to his model of occasions, violating his proper to a good trial below Article 6 of the European Conference on Human Rights (ECHR).
By February 2025, all fees had been dropped, and the courts apparently acknowledged that the allegations had been false – however Edwards says the harm was already accomplished.
“I misplaced almost two years with my youngsters. And even now, there’s no courtroom order in place, no entry plan, and no recognition of the error.”
A one-size-fits-all system?
Edwards believes the Spanish authorized system makes use of a “template” method to home disputes, somewhat than judging every case on its deserves.
He additionally says that as a father, he confronted gender-based assumptions, significantly across the idea of safety – the place moms are sometimes seen as default caregivers, and fathers as potential threats.
Whereas some Spanish judges do grant joint custody or equal visitation rights, activist teams like SOS Papá and Padres y Madres en Acción (PAMAC) have lengthy argued that males are sometimes sidelined in early custody rulings, particularly when allegations – even unfounded ones – are made.
“Males are responsible till confirmed harmless,” Edwards says. “And even when confirmed harmless, you may by no means see your youngsters once more.”
Authorized assist lottery?
Making issues worse, Edwards says he was blocked from representing himself and assigned authorized assist legal professionals who refused to argue his case below the ECHR.
One lawyer reportedly advised him the European Conference on Human Rights was “international regulation” and never relevant in Spain.
“The authorized system isn’t constructed for individuals who really perceive their rights,” he stated. “It’s constructed to put on you down.”
An even bigger query for Spain
Edwards’ case is only one instance – but it surely faucets right into a rising unease amongst Spanish and international fathers about how household courts function.
Are baby custody selections actually balanced?
Do non permanent rulings turn out to be everlasting with out correct hearings?
Are protecting measures getting used appropriately – or indiscriminately?
Some ladies do abuse the system – however the true downside is that the system usually fails to inform the distinction.
Spain has made strides in recent times, with some areas selling co-parenting and shared duty. However campaigners say a lot nonetheless depends upon the decide, the province, and the prevailing assumptions about gender roles.
A name for reform – or at the least consideration
Now free, however unable to work resulting from police information nonetheless held on file, Edwards says he’s focusing his efforts on Padres por Justicia (Fathers for Justice Spain), a human rights advocacy platform calling for authorized reform and accountability.
He’s appealed to the European Court docket of Human Rights – although his case was deemed inadmissible resulting from not having exhausted all authorized routes in Spain.
He hopes his story will function a wake-up name.
“I’m not asking for particular therapy,” he says. “I’m asking to be handled like a mum or dad – not a suspect.”
The underside line:
Spain could say it helps equal parenting. However when fathers like Jonathan Edwards are left with out entry to their youngsters, and with out a correct day in courtroom, you need to surprise – is the system actually honest?
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