SPAIN Law and Practice Contributed by: Esther Susín, E. Susín International Law Firm
existence of strong bonds with third parties, differ - ences in age and educational stages, or the express wishes of the minors themselves – make a temporary or permanent separation advisable. In all cases, the decision must be duly reasoned and aimed at safe - guarding the best interests of each child involved. 2.3.5 Loss of Contact Courts place particular importance on how ongoing contact and a meaningful relationship with the non- relocating parent will be ensured. This is a key cri - terion when assessing applications for a change of residence, as maintaining strong emotional bonds and regular communication with both parents is essential to the child’s well-being, in line with the principle of the best interests of the child as set out in legislation and case law. For this reason, it is crucial that the proposal submit - ted with the petition includes a detailed and realistic plan specifying the frequency, means, and conditions of such contact – whether in person, virtual, or through scheduled visits – as well as the allocation of any trav - el-related costs. In addition, the court must be provided with sufficient evidence to rule out that the relocation request is moti - vated by the applicant parent’s personal interests or by arbitrary reasons. It is therefore essential to submit objective and well-documented justifications showing that the move is based on legitimate grounds. 2.3.6 Which Reasons for Relocation Are Viewed Most Favourably? The reasons for relocation that the authority appears to be most sympathetic towards are as follows. • Best interests of the child – this is the guiding criterion and must prevail over any other inter - ests, including those of the parents. The court will assess whether the change benefits the emotional, educational and social development of the child. • Justification for the change – the parent request - ing the change must provide objective and justified reasons (work, family, economic, educational, etc) that explain the need for the relocation and demon - strate that it is not a mere personal whim.
• Stability and adaptation of the child – the emotional and social stability of the child, their adaptation to the current environment and the anticipated adaptation to the new environment, as well as the continuity in their personal and educational devel - opment will be assessed. • Relationship with both parents – the court will look at how the change of residence will affect the child’s relationship with the non-custodial parent and whether family ties and visitation can be rea - sonably maintained. • Opinion and age of the child – depending on the age and maturity of the child, their opinion will be taken into account, especially if they have the capacity to express their preferences. • Capacity for parental co-operation – the willingness of both parents to collaborate in the exercise of parental authority and facilitate the child’s contact with the other parent will be assessed. • Personal and economic situation of the parents – the court may consider the employment, economic and social situation of the parent requesting the change, always subject to the interests of the child. 2.3.7 Grounds for Opposition to Relocation The grounds for opposition that the authority appears to be most sympathetic towards are as follows. • Lack of objective justification for the change – if the need for the transfer is not sufficiently proven, the court may deny the authorisation. • Detriment to the relationship with the other par - ent – if the change significantly hinders visitation or contact with the non-custodial parent, it may be considered contrary to the child’s interests. • Negative impact on the child’s emotional or edu - cational stability – if there are reports or evidence that the change may adversely affect the child, the court may deny the request. • Lack of consensus or communication between par - ents – the absence of agreement and the existence of parental conflict can be assessed negatively if it is considered that the change increases conflict. • Failure to listen to the minor’s opinion – if the minor is considered old and mature enough, not tak - ing their views into account may be a procedural defect.
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