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==The Joint Custody Law in Spain== The 2005 divorce law introduced an important novelty with the possibility of joint custody, although this is subject to mutual agreement of both parents, if given in very few occasions. Therefore, in practice, most divorces entails sole custody (usually the mother) Joint custody, also called co-parenting or parental responsibility is defined by some as "The shared assumption of authority and responsibility between separated parents in relation to all matters concerning the common children of the respect of the right of children to continue counting , affective and really, with a father and a mother, and learning models solidarity between ex-spouses but still parenting partners "(Salberg). Joint custody is intended to fulfill the provisions of the Convention on the Rights of the Child, proclaimed by the General Assembly of the United Nations on November 20, 1989 and ratified by Spain on November 30, 1990, which requires states to respect the child's right to maintain personal relations and direct contact with both parents on a regular basis, unless it is contrary to the interests of the child. In Spain, the custody of children after a separation is governed by art. 92 of the Civil Code, as amended by Law 15/2005, 〔(Divorce - Spain ), European Commission > EJN > Divorce > Spain.〕 of July 8, in terms of separation and divorce. This article considers the joint custody regime, although the possibility of agreeing distinguishes joint custody by agreement of the parents (Article 92.5) when requested by parents in the proposed regulatory agreement, when both reach this agreement in the course the procedure or by court (Article 92.8). Exceptionally, even if they are given the above assumptions, the judge, at the request of a party, with a favorable report of the Public Prosecutor may agree to shared custody basing it on that only in this way adequately protect the interests of the lower. In no case shall joint custody if either parent is the subject of criminal proceedings initiated by endangering the life, physical integrity, freedom, moral integrity or sexual freedom and integrity of the other spouse or the children who live with both, nor proceed when the judge gives notice of the claims of the parties and the evidence presented, the existence of founded suspicion of domestic violence. Therefore, despite the reform, except that joint custody is taken by mutual agreement of the parents, joint custody is agreed not an exceptional measure, which requires a favorable report of the prosecution and that is based on that only This mode protects the interests of the child, which makes the practical application of this rule is very restrictive. However, in recent months the situation seems to be giving a change in many courts. A recent Supreme Court decision, dated July 7, 2011, recalls that the starting point when deciding on the future of the children following the breakdown of marriage is to protect their interests. Among them, the previous practice of parents in their relationship with the child, their personal abilities and wishes of children. It should be understood that the wording of Article 92 "can not conclude" that joint custody "it is an exceptional measure," but that "on the contrary, should be considered normal, is effective because it allows the right children have to interact with both parents, even in crisis situations, wherever possible. " 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Joint custody (Spain)」の詳細全文を読む スポンサード リンク
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