At sentencing, which has had access to Europa Press, the judge attributed to Francisco Serrano divorced parents joint custody of their two minor children to consider "the best parenting model in response concurrent family circumstances "and also all based on the assessment made by the psychosocial team, who said that" both the father and mother have personal resources, family and community to adequately cover the material and emotional needs of their children "who" are linked emotionally and feel safe and secure "with both the father and the mother.
Therefore, Judge Serrano agreed that both parents assume joint custody over their children so that each parent will have their children with them, living with them at the same address and assuming the role of guarantor of their care and attention by alternating periods of three months each phase coincide with school assessment, stating that the mother will remain with children until the end of this school year, the father began to practice "the role of guarantor of his care and attention" from the beginning of the school year in September.
Regarding the allocation of the use and enjoyment of the home family and garage in the basement of the building, says that the form of joint custody "means that an allocation is not applicable exclusive," all, "at least to proceed to the liquidation of the conjugal partnership and sell the house or be awarded, subject to compensation, one of such joint holders. " However, it stresses the right of children "continue to enjoy the property that has served as a dwelling", establishing an alternative use for each parent during periods-quarters, which should be assuming the role of guarantors of childcare, the other must leave the house during that time.
Nutritional needs
consulted in the decision by Europa Press, the judge also agreed that each parent to bear the expenditures for the care of their children's nutritional needs during periods assume their care, opening for This a joint account in which will enter a monthly amount of 250 euros each to cover the costs of health care studies and requiring the children and do not cover the Social Security system. As for other extraordinary expenses will be covered at 50 percent, while both partners will take in half the fees and amortization charged on home mortgage family. The judge understood that the mother is an officer of the Board while the father runs a business, so they have similar economic capacity.
Around the dilemma over the choice of a model of sole custody or joint custody, considered "lamentable" and "clearly discriminatory" the current legislative situation that occurs in Spain, "in which contradictory regulations coexist depending on the neighborhood civilian application of a defendant or another. " In relation to the concept of guardianship and custody of children, notes that "the inequalities that occur are obvious, noteworthy that although the legislature always seek to guarantee and preserve the interests and welfare of children, the pattern is going to depend on the requirement of suitability for routine care of children is predetermined by ideological positions. "
In this , Judge Serrano said, with regard to these proposals, that "some are of an outdated, reactionary progress and continue to value the mother figure as a reference for primary attachment and peripheral father figure as a reference, while others, having overcome that mentality , are committed to genuine equality and parity in the performance of domestic duties, and among the main results of participating, sharing and distributing child-rearing, care and childcare.
"overcoming gender bias"
"What is not permissible is to assert, as the legal representative of the applicant its written conclusions that "the mother says security, routine, discipline and habits they need their children, and also the attention that due to the young age of the children, only a mother can dispense '" according to the judge regrets , adding that "today we can not conclude a priori that only mothers may worry about their children exempted from the coverage of their emotional and material needs.
"They have to overcome gender bias, requiring the interest of children in cases like the one at hand, favors a system of parental authority that allows children to continue to enjoy a relationship and relationship healthy attachment, as close as possible to the emotional state, emotional and material were making a responsible commitment of both parents before their break time, "Francisco Serrano ruling.
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