Convicted wife to compensate the husband for hiding who is not the biological father of her daughter
- July 12th, 2016
- Sara Benjelali
- No comments
The Provincial Court of Cantabria has issued, dated March 3, 2016, the Judgment 000138/2016, solving the appeal filed against the judgment in Ordinary Procedure 0000052 / 2014-00 of the Court of First Instance No. 6 Santander . It is a…
The minor’s interest in the law reform to protect children and adolescents
- June 13th, 2016
- Sara Benjelali
- No comments
It has issued by the Organic Law 8/2015, which modifies the System Protection of Children and Adolescents, which amends the Organic Law 1/1996 of Legal Protection of Minors, in the same order develops the concept of interests of the retail, through…
Valencia’s matrimonial law declared inconstitutional
- June 1st, 2016
- Sara Benjelali
- 2 Comentarios
On April 28 2016, The Constitutional Court, being President of teh Tribunal Incarnation Roca Trias, has ruled on the appeal of unconstitutionality number 9888-2007 promoted by the President of the Government, against the whole of the Valencian Community Law 10/2007 March 20, Valenciano…
Who controls and questions the administrative action of DGAIA?
- April 14th, 2016
- Sara Benjelali
- 3 Comentarios
I have been through various procedures, testimonies and situations that I have lived with different families, observe real concerns, dread and terror caused appoint this subject. As I explained in a previous article, the acronym DGAIA respond to the Directorate…
Should grandparents pay alimony and extraordinary expenses?
- April 8th, 2016
- Sara Benjelali
- No comments
On day 2 March 2016, has been issued by the 1st Chamber of the Supreme Court Judgment (Rec. 1211/2015) on this issue, which we will detail below. The mother of a minor filed a petition for maintenance claim against maternal…
Institutional Abuse to Children and their Families
- March 10th, 2016
- Sara Benjelali
- 11 Comentarios
Observing the current news (Maristas case) reports from the Ombudsman, information in social networks and cases that we have in this office, we see the need as legal operators to force us to not forget and focus our attention on…
Can a parent with a restraining order request the exclusive or shared custody of their children?
- February 25th, 2016
- Sara Benjelali
- 18 Comentarios
First of all, this article explains the current legal situation in this subject, this is not a personal opinion of the lawyer who is writing this. We usually differentiate two concepts: violence against women and domestic violence. We call domestic violence any type…
Privativity Confesion
- January 22nd, 2016
- Sara Benjelali
- No comments
In our law the privativity confession is regulated and although not usually used by lawyers – except a few who practice mainly family law – the same density and contains a very important practical application, especially for its effectiveness among spouses and…
The position of the Ministerio Fiscal againts International Child Abduction
- January 7th, 2016
- Sara Benjelali
- No comments
The Hague Convention on International Child Abduction, 1980 aims to prevent international child abduction and when it happened, establishes the necessary mechanisms to return the child as soon as possible to their habitual residence. We can define the international child…
Attribution of use of the family home in case of marriage or domestic partnership
- January 2nd, 2016
- Sara Benjelali
- No comments
Failing an agreement between the spouses the court must resolve who is attributed the use of the family home, settling down in the legislation, the preference of the children and the parent who is attributed the custody of the children,…