Table of Contents
- Intro
- The best interests of the child, above all
- Both parents maintain their responsibilities
- The particularities when the child is a baby
- The role of the judge: to provide justice, not to harm
- Why seek the agreement
- Real case
- Summary
- Frequently asked questions
- Conclusion
1. Introduction
Few ruptures are as delicate as a couple who just had a baby. Emotions are skin-bloom and sometimes one parent wants to keep the other from the child's life. But the law is clear: the center of any decision is the minor, and his right to relate to his father and his mother does not depend on how the relationship has ended.
2. The best interests of the child, above all
The Law on the Legal Protection of Children provides that the best interests of the child must be valued and considered as paramount in all decisions affecting the child. In a separation, this means that the judge does not decide on the basis of who is right in the couple conflict, but what is best for the child.
3. Both parents maintain their responsibilities
In Catalonia, Civil Code of Catalonia states that the break-up of the couple does not alter the responsibilities that both parents have towards their children, which continue to be exercised in a shared manner as far as possible. Parents must present a plan of parenthood in which they specify how they will exercise these responsibilities: where the child will live, how time will be shared with each and how important decisions will be made.
If you want to know the different modalities, see our article custody in Spain: everything you need to know.
4. The particularities when the child is a baby
When the child is very small, the courts often take into account circumstances such as breastfeeding, sleep hours and the need for stability. This is why it is common to establish progressive regimes, with shorter and more frequent stays at the beginning that expand as the child grows up. What does not justify the baby's young age is to exclude one of the parents from his life.
5. The role of the judge: to provide justice, not to harm
In some family proceedings, one parent comes to the court with the intention of hurting the other. But the judges are not for that. The judge makes his decision in accordance with the law and the circumstances of each family, and protects the person in need. It will not allow the procedure to become an instrument of revenge.
Another thing is situations of violence, in which the law does limit the relationship with the reported parent. We explained in our article about the of violence and the regime of visits.
6. Why seek the agreement
Parents can stop loving each other, but they don't stop being parents. An agreement between the two, with the help of their lawyers or family mediation, is often much better for the baby than a judicial battle. It also allows each parent to be treated with the respect it deserves and the child to grow up without getting caught up in the conflict.
7. Real case
In the video, our client has been with his partner for over a decade. They just had a baby, and now she wants to put him away, like he just served to have the child. We address her to remind her of the years when they were happy: she is free not to go on with him, but now there is a baby to take care of, and the best thing for the baby, for her and for him is that they can get along. He has not disrespected and has not misbehaved with her.
To his answer he wants «Take his eyes off.»The answer is clear: the judges are not here to look out for anyone. The judge will issue a decision in accordance with the law and the circumstances of both, and he will not allow anyone to hurt the other, because a judge is in the process of delivering justice.
8. Summary
| Appearance | What does the law say? | Legal basis |
|---|---|---|
| Decision-making criteria | The best interests of the child are paramount | Law on the Legal Protection of Children |
| Post-break responsibilities | They are maintained and exercised in a shared manner where possible | Civil Code of Catalonia |
| Parental plan | Parents must specify how they will exercise their responsibilities | Civil Code of Catalonia |
| Very small children | Age-adapted progressive regimes | Judicial practice |
| Situations of violence | Limit the relationship with the reported parent | Article 233-11 CCCat and Article 94 CC |
9. Frequently asked questions
Can the mother stop the father from seeing the baby after separation?
Not by his own decision. Except for situations of risk to the child, the child has the right to have a relationship with both parents, and the judge will determine how.
Can you ask for shared custody of a baby?
Yeah. The age of the child is taken into account to adapt the scheme, for example in a progressive manner, but does not in itself exclude the co-responsibility of both parents.
What is the parenthood plan?
It is the document in which parents specify how they will exercise their responsibilities: residence of the child, time with each and decision-making.
Is it better to come to an agreement or go to trial?
Where possible, an agreement is best for the child and both parents. If there is no agreement, the judge will decide.
10. Conclusion
A separation with a baby requires putting the child in the center. The law protects their right to grow with their father and mother, and judges are in the process of providing justice, not for one parent to hurt the other. Finding the agreement and treating the other with respect is almost always the best for all.
In the area of Family law from Leynver Lawyers we accompany you in the separation to protect your rights and, above all, those of your children.
