Modification of Definitive measures Divorce Trial Court No. 6 Terrassa, 2012.
- December 22, 2014
- Sara Benjelali
- No comments
Moroccan father holds his daughter in the UK, once the period of one year agreed in writing between the parents, so that it conduct a London school year has elapsed. The mother holds the custody of Judgment issued by a Spanish court. The English courts refuse the return of the child pursuant to Article 13 of the Hague Convention of 1980 invoked by the parent (root of the lowest). The mother is the need to accept a settlement in the English courts, under which visitation of the child with the mother in Spain is fixed, committing the mother while the child is in your company it will the niqab, pray five times a day toward Mecca and perform Ramadan 13 years old. Coming minor to Spain to spend a weekend, demand modification measures and injunction stands, to violate the English resolution, the Spanish public order. SATAV The report concludes that the parent is unable to empathize with the feelings of the child, unable to assimilate the minor does not accept their educational criteria, refusing daughter to maintain contact with the father. The Spanish Court states that the custody should continue ostentándola mother in the absence of evidence to suggest the need for the less passes a new change of residence and convivial core, nor data demonstrating that the mother unfit to continue with the care and attention of the child. The temporary suspension of visitation of the minor point from which visitors will resume at the point of it is agreed with the father, until it is able to empathize with the wishes of his daughter and what it wants to perform family gathering, with a duration of 2 hours per week. Leaving the Spanish territory retail risk of international abduction of the child to Morocco by the father, in order to separate it from all Western influence is prohibited.