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BASQUE COMES TO THE HOUSE OF CUSTODY LAW INITIATIVE

22.04.2011 / 18:20 h
Vitoria, April 22 (EFE) .- Euskadi Federation of Separated Mothers and Fathers, Kidetza, registered in the Basque Parliament a legislative initiative in favor of joint custody of children in cases of separation or divorce.
The motion law, so-called "parental responsibility and family relationships in cases of rupture of the coexistence of parents with dependent children and childless couples, was described on Tuesday by the Bureau of the Chamber and accurate the signatures of 30,000 citizens in order to be processed.
The text refers to the Statute of Autonomy noted that the responsibility for social assistance under the Basque Autonomous Community and said that his goal is "to promote equality and protect the interests of the child."
This initiative is intended to regulate family relations in cases of rupture of the coexistence of parents with dependent children, including cases of separation, annulment and divorce, "through responsible participation, both shared and equal in their upbringing and education in the exercise of parental authority. "
is based on the principle of parental responsibility and the "right of children to grow up and live with both parents after separation or divorce in a system of coexistence of equally shared custody as possible, provided that either of them requested and not contrary to the interests of the child ".
Thus, records that each separately or both parents by mutual agreement may ask the judge for joint custody and both must be exerted by either of them.'s opposition to a of them joint custody shall not preclude or sufficient reason, according to the text, not to grant it.
Thus, argues that the judge shall "in preference" joint custody in the interests of minor children, unless the custody individual "more convenient".
For this, the text provides for a decision, the judges should take into account, inter alia, factors such as age children and their social and familial roots, and their opinion if they are over twelve years.
addition, judges will have to test a new figure under this initiative: Cooparentalidad Plan. This must be submitted by the two partners jointly or separately with the petition for separation or divorce before the court and it must be contained in a concrete way of breaking conditions and the system of coexistence with their children.
If parents do not agree on its content, the judge shall issue the necessary measures to ensure the maintenance of ties of children with each parent.
Along with this plan, the proposal the couple must also sign a "contract for provision of rupture of the relationship" and which shall contain the conditions of a hypothetical break, in order to reduce potential conflicts before actual separation of the couple.
The proposal also regulates, among other things, the use of the dwelling in which a child resides or the costs of childcare.
Euskadi Federation of Separated Mothers and Fathers, Kidetza, the promoter of this initiative, has repeatedly asked the Basque parliamentary groups to promote a law of this kind, given that Euskadi is now the only region with its own statutory right to yet has not covered anything about it.
The last to do so was Valencia, which has joined other communities with statutory law that have legislated or are legislating custody, such as Catalonia, Aragon, Balearic Islands, Navarra and Galicia.
Last February the issue was discussed in the Basque Parliament, which adopted a resolution in favor of joint custody of the children is the "preferred" if the parents divorce.
All parliamentary groups supported this text, except PSE-EE and Ezker Batua (EB), who voted against and defended a joint amendment requesting that served "the best interest principle of minors. "EFE

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