International Scientific Conference on Best Interest of the Child and Shared Parenting
INTERNATIONAL SCIENTIFIC CONFERENCE ON BEST INTEREST OF THE CHILD AND SHARED PARENTING. DECEMBER 2-3, 2019. MÁLAGA, SPAIN ABSTRACTS WORKSHOPS Workshop 1A Best interest of the child and shared parenting SHARED PARENTING VS. CHANGE OF ADDRESS OF A PROGENITOR1 María Dolores Cano Hurtado Article 19 of the Constitution recognizes that Spanish have the right to freely choose their residence and to move through the national territory. They also have the right to freely enter and leave Spain under the terms established by law. Therefore, in the Constitutional text this right is set to freely determine the address where the person considers for various reasons (work, family, emotional ...). However, the marital domicile will be determined by mutual agreement and in case of discrepancy, as stated in article 70 of the Civil Code, the judge will resolve taking into account the family's interest. From the combination of both articles, we can affirm that when the family remains united in an atmosphere of harmonious coexistence there will be no problem, although there are minor children, to adopt the decision that best responds to the interests of all its members, modifying the address as many times they believe convenient, inside or outside the national territory. However, the problem is generated in cases of cessation of conjugal or couple living, where it will have been fixed, either by regulatory agreement legally approved, or failing that by judicial resolution, among other aspects, the exercise of parental rights , guard and custody, and where appropriate the regime of stays and visits for the non-custodial parent. Obviously, if the shared parenting system had been accepted, given its characteristics, this change of address (sometimes caused by parental alienation) in many cases will make its continuity unfeasible.
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