SPAIN Law and Practice Contributed by: Esther Susín, E. Susín International Law Firm
• If the parents are involved in a legal cause of dep - rivation of parental authority, their consent to the adoption is not necessary, and a simple hearing is sufficient. 2. Relocation 2.1 Whose Consent Is Required for Relocation? For a case to be assessed, the following elements must be present: • existence of a disagreement between parents regarding the change of residence of the child; • application for judicial authorisation for change of residence; • judicial evaluation based on the best interests of the child, considering factors such as emotional stability, the social and family environment, the relationship with both parents, and the justification for the change; and • conclusion detailing the criteria that the courts consider relevant to deciding on the change of residence. In order to request or defend a change of residence for a child, the request must be based on the best interests of the child, providing objective and detailed evidence that justifies the transfer and demonstrates that it does not harm the emotional, educational and social stability of the child or the relationship with the other parent. It may be advisable to prove the child’s capacity for parental co-operation, personal and eco - nomic situation, and, where appropriate, the child’s opinion. However, it should be borne in mind that the lack of justification, the damage to the relationship with the other parent or the negative impact on the stability of the child could be solid arguments for the opposing party to successfully challenge the request. It would therefore be prudent to prepare a solid argu - ment and anticipate potential objections, providing all the necessary documentation and evidence. 2.2 Relocation Without Full Consent The parent seeking relocation must file an application for judicial authorisation, requesting such relocation.
At present, under the current law, is mandatory for parties to prove that they have gone through media - tion or made reasonable attempts to reach an agree - ment. 2.3 Application to a State Authority for Permission to Relocate a Child 2.3.1 Factors Determining an Application for Relocation If one parent does not agree with the relocation of the children, the other parent must request judicial authorisation. 2.3.2 Wishes and Feelings of the Child The child’s opinion, which gains increasing signifi - cance with age and maturity, is not the sole factor to be considered. Other personal, family, and social circumstances also play a decisive role in the final decision. 2.3.3 Age/Maturity of the Child The age of the child is a particularly relevant factor when assessing their wishes, especially from the age of 12 onwards, at which point both legislation and judicial practice presume a greater degree of matu - rity and capacity for discernment. At this stage, the child is usually more firmly rooted in their family, edu - cational, and social environment, which means that their preferences and wishes carry significant weight in decisions affecting them. However, such wishes must be considered alongside other objective factors to ensure that the final decision primarily serves the child’s best interests. 2.3.4 Importance of Keeping Children Together Legislation, case law, and judicial practice consistent - ly affirm that, in cases involving a change of residence, siblings should remain together, as sibling cohabita - tion is considered an essential element for their emo - tional stability and proper affective development. This principle is grounded in the best interests of the child, as recognised in both the CC and the CCC, as well as in various judicial decisions that prioritise maintaining close family bonds. However, this criterion is not absolute, and courts have recognised exceptions where specific circumstances – such as the special needs of one of the children, the
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