Change of Residence for a Minor or Parent

Parent or Child Moving Away

Matters can be complicated when there are children and a divorce or separation occurs. Particularly if there is a change of residence for a minor or a parent. Usually a legal agreement is made with clauses relating to custody (usually shared). Also pensions/maintenance, visits and holidays
and any other relevant issues. Our pages on divorce and separation cover this in more detail.

Once a Court Resolution has been granted and there is a formal agreement, this must be complied with. If not, the other party has the right to call the police.

Thus when a situation arises which necessitates a change to the arrangements, the agreement should be amended. Such as a change of residence for a Minor or Parent.

Change or Residence For the Minor

Sometimes a parent with sole custody needs to move to another town. Or even another country taking the child/children. If the other parent does not have custody and only has the right to visits, it still does not give the right to the parent with the children to move them away.

This is not legal. They have to gain the agreement of the parent with visitation rights. Or they have to ask the Courts to rule to alter the original court resolution. The Judge will take all aspects into account. They make a decision with the child’s best interests in mind.

Thus a parent with custody of children should not make binding commitments. Such as accepting a new job abroad. Not without seeking legal advice on the implications of this.

For a Parent

It is also possible that the one of the parents who does not have sole custody has to move to another location. For instance, even abroad to another country.

In this case, leaving an agreement with shared custody will also be a breach of that agreement. Obviously the absent parent will not be able to comply with the terms of the agreement to take care of the child their part of the time.

There are two options available. Firstly, that the parents agree between themselves that there will be an unofficial change. Including new rules such as for visits. If the situation is amicable then this is a possibility.

The problem is that then a parent has no legal recourse if then unhappy. Alternatively, the parents do things properly and go back to Court to ask a Judge to amend the Resolution. So that the custody would take account of the new arrangements. We can assist with all of this.

If you want advice about a divorce or separation issue, or anything regarding Spanish family law please contact us.