Modification of measures

The Provincial Court of Alicante (AP) has rejected the appeal of a father who requested to change from maternal custody to a shared custody . The decision confirms that the child will remain under the custody of his mother and maintains the measures established in the first instance.

The father argued that his situation had changed , claiming a change of residence and work conditions that allowed him to have more time thanks to teleworking and greater flexibility. He also denied that the differences with the mother were an impediment to sharing custody. However, the AP explains, in the second foundation, that what is important is not only that there are changes in the life of a parent, but that these changes allow for the prediction of a real benefit for the child.

In this case, the main problem was how they were affecting the minor the confrontations between his parents . The ruling highlights that their disagreements even extended to everyday matters, such as the child's clothing. Furthermore, the psychological report noted emotional problems and pointed out the family conflict as the main risk to his well-being. According to the expert assessment included in that same foundation, the child tried to please both and maintain balance between them, rather than expressing a personal preference regarding custody.

That does not mean that the relationship with his father is reduced. Alternate weekends are maintained, from Friday to Monday, and one night during the week, from Wednesday to Thursday. In fact, the ruling recalls that the request was denied from the mother to eliminate visits during the week because they were considered beneficial for the minor. The exchange schedules to facilitate compliance when there was no school.

The father also requested a parenting coordinator to help manage family difficulties. The AP refuses to impose it , according to the criterion stated in the second foundation, this intervention has voluntary nature and cannot be imposed on the parties to accept it in the absence of a rule establishing its mandatory nature.