SPAIN Law and Practice Contributed by: Esther Susín, E. Susín International Law Firm
2.3.8 Costs of an Application for Relocation It is not possible to establish a standard or prede - termined cost for this type of procedure, since, in accordance with current regulations and the princi - ple of freedom of contract within the legal profession, each lawyer is entitled to freely agree their fees with their client. The final amount will depend on multiple factors, including: • the legal complexity of the case, including the need to undertake specific procedural actions or address technically challenging legal issues; • the amount of time required for the study, prepa - ration, and monitoring of the case, as well as for attending hearings or meetings; • the volume of documentation that must be reviewed and submitted; and • the urgency or procedural deadlines that may require a higher intensity of work. Therefore, the fee assessment must be carried out on an individual basis, taking into account the specific characteristics of each case and the level of speciali - sation required from the professional. 2.3.9 Time Taken by an Application for Relocation The duration of the proceedings will largely depend on the location of the competent court. In courts located in large cities, where the caseload is generally high and the judicial bodies are often overburdened, the estimated timeframe for handling this type of matter generally ranges between six and eight months. Conversely, in courts in medium or smaller cities, although one might assume that timeframes would be shorter, in practice, proceedings can still be extended due to limited resources or the accumulation of cases in courts with fewer staff. An additional factor affecting these timelines arises from recent legislative reforms, which have introduced the requirement to prove that the parties have made a genuine attempt to reach an agreement before ini - tiating judicial proceedings. This requirement, which involves carrying out prior conciliation or mediation
steps, has extended the overall duration of the pro - cess by at least two additional months. Therefore, the total length of the proceedings must be assessed on a case-by-case basis, taking into account both the specific workload of the court in question and the preliminary procedural requirements imposed by law. 2.3.10 Primary Caregivers Versus Left-Behind Parents The judge will assess, in each specific case, all the circumstances surrounding a request to change the residence of minor children, always following the guid - ing principle of the best interests of the child. In general terms, the parent acting as the primary caregiver – that is, the one who assumes the major - ity of the day-to-day responsibilities for the children’s upbringing, education, and care – is more likely to obtain authorisation for such a change, given the closer emotional bond and established routines of cohabitation. However, this factor cannot be consid - ered in isolation. The court must weigh a broader set of elements, including: • the emotional, educational, and social stability of the children; • the feasibility of maintaining a meaningful relation - ship with the other parent; • the living conditions and opportunities in the pro - posed new place of residence; and • the impact the change may have on the children’s family relationships and social environment. It should be noted that the increasing prevalence of shared custody arrangements has introduced an additional layer of complexity to these requests. When both parents exercise parental responsibilities on an equal time and functional basis, a change of residence constitutes a substantial alteration of the caregiving structure, requiring a stronger justification and a more rigorous judicial evaluation. Therefore, while the role of the primary caregiver remains a significant factor, the final decision will depend on a comprehensive assessment of all rel -
127 CHAMBERS.COM
Powered by FlippingBook