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What it is

Bill to make shared child custody the judges' preferred option

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 14 February 2023. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Private member's bill to promote shared custody of minors in cases of breakdown of cohabitation of the parents.

Follow this law

Source: Congreso de los Diputados, file 122/000305· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would amend the Civil Code so that judges decide, as a preference, that custody of minors be shared by both parents, unless the child's best interest calls for a different arrangement.
  2. Shared custody would not be granted if one parent faces criminal proceedings for attacking the life, integrity, freedom or sexual freedom of the other spouse or the children, or if there are grounded signs of domestic or gender violence Violence a woman suffers from a current or former partner because she is a woman.. Animal abuse would also count as a warning sign.
  3. Use of the family home would go to the minor children and the parent they stay with until they all reach the age of majority, with special rules for children with disabilities.
  4. Custody arrangements already made under the previous law could be reviewed in court once the law takes effect, if a party or the Public Prosecutor requests it.

Who it affects

  • Minors whose parents separate, divorce or have their marriage annulled: Judges would prefer shared custody and protect the children's right to be heard.
  • Fathers and mothers in separation, annulment or divorce proceedings: Shared custody would become the preferred option, with exceptions for violence or risk to the children.
  • Victims of domestic or gender violence: Shared custody would not be granted in their case.
  • Families with minor children living in the family home: Use of the home would be assigned to the children and the parent they live with.

Words worth knowing

Guarda y custodia
Custody: who minor children live with and who cares for them when parents separate.
Patria potestad
Parental authority: the set of parents' rights and duties over their minor children, such as educating and representing them.
Convenio regulador
Settlement agreement signed by spouses on custody, support payments and other matters after separation.
Ministerio Fiscal
Public Prosecutor's Office: the public body that defends the law and minors' interests in court.
Proposición de ley
A bill introduced by a parliamentary group. It is not in force until passed.
gender violence
Violence a woman suffers from a current or former partner because she is a woman.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced14 February 2023Someone registers the text in the Congreso.
  2. Admitted21 February 2023The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Feb 2023Mar 2023Apr 202311. 14 February 2023: Presentación22. 21 February 2023: Boletín Oficial de las Cortes Generales Publicación desde 21/02/2023 hasta 24/02/202333. 21 February 2023: Calificación44. 24 February 2023: Gobierno Contestación desde 24/02/2023 hasta 03/04/202355. 3 April 2023: Pleno Toma en consideración desde 03/04/2023 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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