There are many circumstances that can lead us to change our habitual residence; the beginning of a new relationship, a new job, or even the desire to have a new beginning. But when you have minor children from a previous relationship, the other parent will continue to be the holder of parental authority, and you will have to count on their decision before making the change of residence.
Our highest Court in several judgments has come to confirm that the decision in which the minors are to reside habitually is part of the parental authority.
The custodial parent who wishes to change residence with his children must notify the other, indicating the reasons that lead him to make such a decision. It must be understood that the other parent is going to have a change in their visiting arrangements.
If the non-custodial parent does not cause problems to the change of residence as it sees it logical, reasonable and does not harm the children, you must sign a regulatory agreement that includes the new visitation regime. This agreement must be ratified before the judicial authority.
In the event that the non-custodial spouse opposes the change of address, a voluntary jurisdiction procedure must be initiated before the Court of First Instance of the domicile or residence of the minor child, or in his case before the Court that already knew about the custody of the minor. The judge will hear both parties and will always decide for the benefit of the minor.
What should the non-custodial parent do if the ex-custodial parent changes residence without consulting the ex-custodial parent?
Unfortunately, the consummated facts route is the most widespread, either because the relationship between the parents is very deteriorated or because there is no knowledge of how to proceed legally.
Faced with this situation, the non-custodial spouse must immediately inform the other spouse of his or her opposition to the change of residence, and also go to court to adopt urgent precautionary measures in this regard.
If you find yourself in a situation such as the one we have described, do not hesitate to consult us.
López Morueco lawyers, expertise in family law.
Lawyers in Torrevieja & Orihuela Costa