care of children rests with the mother in nine out of ten divorces
in cav, custody cases do not reach the 10%
federation advocates separated parents to establish this
preferred model as E. Arrazola - Sunday, February 20, 2011 - Updated at 5:34 pm
Donostia. When a couple separates in Euskadi, the custody of the children falls on the mother in nine out of ten cases. According to datos aportados por la Federación de Euskadi de Madres y Padres Separados, Kide-tza, el 86% de las mujeres separadas en Euskadi logra la custodia de sus hijos, frente al 4,7% de los hombres. Por tanto, la fórmula más extendida sigue siendo la monoparental, ya que a pesar de que año tras año aumente el número de solicitudes, los casos de custodia compartida no llegan al 10%.
Desde Kidetza, que agrupa las asociaciones de padres y madres separados de Gipuzkoa, Araba y Bizkaia, explican que este bajo porcentaje de guardias compartidas se debe a que la Ley del Divorcio de 2005 solo contempla esta figura cuando ambos progenitores llegan a acuerdo o en las situaciones contenciosas in which the prosecution issued a report in favor of this option.
However, the reality shows that when there is no agreement between the parents, guardianship and custody of children still falls almost exclusively on mothers.
In order to change this situation it describes as "unfair" Euskadi Federation of Separated Parents has launched a campaign demanding that joint custody will prevail over the other options. Requests the Central Government to amend the state law regulating divorce and underpins the judges to decide the future of children, and encourages the government Basque to develop an autonomous law of joint custody. "Aragon, Valencia and Galicia have already begun to regulate the civil code on this line and we could do as was done with the Domestic Partner Act," argues Kidetza president, Justo Sáenz.
good for all From the Euskadi Federation of Separated Parents believe that joint custody is beneficial "to all parties" especially for children, "because it gives them the right to engage on equal terms with both parents. " They also claim that with this option, children have "no guilt and can interact with grandparents, uncles and cousins \u200b\u200bfrom both families. "
Kidetza critical that sole custody is" discriminatory "because" the concept applies traditional macho mother stays home to raise children, " limiting their income and opportunities to rebuild their lives. " It regrets that due to the current situation, the role of non-custodial parent, usually a man, "is irrelevant in education, health care and children." Therefore, advocates joint custody, which does not necessarily allocate the time to 50%, but adjusted for the parents' schedules.
order not to alter too much the routines of children, from Kidetza recommend that kids spend periods of between 15 and 30 days alternate with each spouse. Parents can choose to keep the family home and move there when I touch be with the children, or to use the example of countries like France, where the goods are cleared and remade her life ex-partner separately with the same benefits and debts. The use of the house becomes separated from the sole custody and the spouse who lives outside and not have to pay 50% of the mortgage.
Another False allegations of the arguments in favor of implementing this system as a preferred model is that it "would avoid the false allegations of abuse." As explained from Kidetza, some lawyers recommend their clients to bring an allegation of domestic violence to press in the process of divorce. And they know that, thanks to speedy trials, precautionary measures are effective in just one day and the wife stays with the house and the children until they reach the decision, which takes about one to two years.
Proponents of this model know that joint custody "is not the miracle that solves everything, but are convinced that" encourages parental responsibility, equality between men and women and protects the interests of those most affected, the children ".
therefore Kidetza have contacted political parties and have requested a meeting with the President, Patxi López, requesting the creation of an autonomous law of joint custody. The federation will also try to visit the Minister of Justice, Francisco Caamaño, and the prime minister, José Luis Rodríguez Zapatero. "We will try to reach the final because there is a great social demand," Saenz forward.
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