Family Law in Spain

Child Custody

We advise and represent parents in proceedings concerning the custody and care of minor children.

Our practice includes matters involving:

• Joint custody.
• Sole custody.
• Parenting arrangements and allocation of time with each parent.
• Holiday and residential arrangements.
• Exercise of parental responsibilities.
• Disagreements between parents.
• Modification of existing arrangements to reflect changes in family circumstances.

Determining the appropriate custody arrangement requires an individual assessment of the circumstances of the children and both parents, with particular regard to the best interests of the child.

Contact and Parenting Arrangements

We represent clients in disputes concerning contact, communication and periods of residence or visitation between children and their parents.

We also advise on situations involving relationships between children and other family members, including grandparents, where these become legally relevant.

Where an existing arrangement is not being complied with, we assess the
appropriate measures to enforce it or, where circumstances have materially
changed, seek its modification.

Child Maintenance and Children’s Expenses

We advise on the establishment, modification and enforcement of child
maintenance obligations.

Our work includes:

• Initial determination of child maintenance.
• Updating maintenance payments.
• Modification following changes in financial circumstances.
• Ordinary expenses.
• Extraordinary expenses.
• Non-payment of maintenance.
• Court enforcement of unpaid amounts.
• Termination of maintenance obligations where the legal requirements are met.

The assessment of financial obligations requires consideration of the children’s
needs and the financial circumstances of both parents.

Modification of Family Court Measures

Family court measures are not necessarily permanent.

A substantial change in circumstances may justify their subsequent modification.

We act in proceedings concerning changes to:

• Child custody.
• Contact and visitation arrangements.
• Child maintenance.
• Use of the family home.
• Financial obligations between former partners or spouses.
• Other family measures previously ordered or approved by the court.

Before commencing proceedings, we assess whether the change in circumstances is legally sufficient to justify judicial modification.

Enforcement of Family Court Orders and Agreements

Where a court order or court-approved agreement is not complied with,
enforcement proceedings may become necessary.

We act in matters involving:

• Non-payment of maintenance.
• Failure to comply with contact or visitation arrangements.
• Extraordinary expenses.
• Failure to return or hand over children as required.
• Breach of obligations established by a court order.
• Enforcement of financial agreements.

In these cases, it is important to distinguish between isolated breaches and situations requiring continued judicial intervention or a modification of the existing measures.

Parental Responsibility and Disagreements Between Parents

Certain important decisions concerning children must be taken jointly by both
parents.

Where agreement cannot be reached, judicial intervention may be required.

We advise on disputes concerning matters such as:

• Choice or change of school.
• Significant medical decisions.
• Change of residence.
• Relocation of children.
• Passports and other documentation.
• Other significant decisions affecting a child’s development.

These proceedings are intended to resolve specific disputes where the joint exercise of parental responsibility has become impossible.

International Relocation of Children and Cross-Border Disputes

Family matters become significantly more complex where more than one country is involved.

We advise on matters concerning:

• Relocation of children to another country.
• International changes of residence.
• Disputes concerning jurisdiction.
• Recognition and enforcement of foreign judgments.
• Families in which the parents have different nationalities.
• Family proceedings involving assets or residence in different jurisdictions.

Where an international element exists, it is particularly important to determine at an early stage which courts have jurisdiction and which law applies.

Parentage and Paternity

We represent clients in proceedings concerning the legal determination or
challenge of parentage.

Our practice includes:

• Paternity claims.
• Challenges to paternity.
• Legal recognition of parentage.
• DNA and other biological evidence.
• Personal and financial consequences arising from parentage.

These proceedings may have significant consequences for family relationships, maintenance obligations and inheritance rights.

Unmarried Couples

We advise on the legal consequences of relationships between unmarried partners and their breakdown.

The absence of marriage does not mean that separation will be free of legal consequences.

Relevant issues may include:

• Children of the relationship.
• The family home.
• Property acquired during the relationship.
• Financial obligations.
• Agreements between partners.
• Property consequences following separation.

Each situation must be assessed according to the particular circumstances of the couple and the applicable law.

Protection of Children and Complex Family Situations

Certain family proceedings require particularly careful legal handling where there is intense parental conflict, potential risk to children or other circumstances affecting their welfare.

In these matters, it is essential to distinguish the conflict between the adults from the decisions that must be made in relation to the children.

We assess the available evidence, expert reports and family circumstances invorder to define a proportionate legal and procedural strategy.

Negotiation and Family Agreements

Where circumstances permit, we assess whether an agreement can be reached beforevcommencing or prolonging contentious proceedings.

A properly structured agreement can provide greater stability than a solution
imposed by a court, particularly where the parties will need to maintain an
ongoing relationship as parents.

An agreement, however, is appropriate only where it adequately protects the
client’s interests and, where children are involved, respects their needs and
legal rights.

International Family Law

International mobility increasingly results in families whose members havevdifferent nationalities, residences or financial interests across several
countries.

At EBAN Abogados, we pay particular attention to thevinternational dimension of family matters where it affects the jurisdiction ofvthe Spanish courts, the applicable law or the recognition and enforcement of
decisions issued in other countries.

Early analysis of these issues can be particularly important before either party takes decisions concerning residence, children or assets across jurisdictions.

Family Law Advice and Representation

Family disputes require a legal strategy that considers not only the immediate
resolution of the proceedings but also their longer-term consequences.

At EBAN Abogados, we assess each situation individually, identify the relevant legal and financial issues and define the appropriate strategy, whether through negotiation or proceedings before the Spanish courts.

Matters specifically concerning the dissolution of marriage and its consequences are addressed separately within our Divorce practice.