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What it is

Bill to make shared custody the preferred option

Admitted step 2 of 7 · Withdrawn

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 17 August 2023. Introduced by: Comunidad Autónoma de la Región de Murcia - Asamblea Regional.

Official title: Private member's bill amending the Civil Code and the Civil Procedure Law to establish shared custody as the preferential regime for the custody of minors (corresponding to file number 125/000016/0000 of the XIV Legislature).

Follow this law

Source: Congreso de los Diputados, file 125/000001· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would make shared custody the preferred arrangement when neither parent has exceptional circumstances that rule it out. According to the text, today it is a secondary option that depends too much on the judge's criteria.
  2. It would amend the Civil Code so that shared custody is the general rule. Sole custody would only be granted if the parent requesting it proves objective circumstances justifying it, and the judge would have to request a report from the Public Prosecutor's Office before granting it.
  3. It would also change the rules on domestic violence: no shared custody if there are well-founded signs of violence, but a mere complaint without objective evidence is not enough to rule it out.
  4. It would allow couples to divorce by mutual agreement before a notary or court clerk even if they have children, provided there is an agreement on shared custody. In that case, the Public Prosecutor's Office would not need to take part in the notary process.

Who it affects

  • Parents going through separation or divorce, who would start from shared custody except in exceptional cases.: The new preferred arrangement would apply to them.
  • Minors and children whose capacity has been judicially modified.: Their custody proceedings would follow these rules.
  • Family court judges.: They would have to give reasons for their decisions and request a prosecutor's report before granting sole custody.
  • Notaries and court clerks (letrados de la Administración de Justicia).: They could authorize divorces with children if there is a shared custody agreement.

Words worth knowing

Custodia compartida
Shared custody: the children live alternately with each of their two parents.
Custodia exclusiva
Sole custody: the children live with only one parent, and the other has visits.
Convenio regulador
A document where spouses agree on custody, support payments and property division when separating.
Ministerio Fiscal
The Public Prosecutor's Office, a public body that defends children's interests in court and issues reports for the judge.
Patria potestad
Parental authority: the set of rights and duties parents have over their minor children, such as caring for and raising them.

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 withdrawn.

  1. Introduced17 August 2023Someone registers the text in the Congreso.
  2. Admitted5 September 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 reachedThe deputies vote, usually in the plenary; some laws are passed by a committee without going to it.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedThe King gives royal assent and it is published in the Official State Gazette (BOE). It comes into force on the date it sets, or after 20 days if it sets none.
See the 6 official steps on a timeline
Sept 2023Dec 202311. 17 August 2023: Presentación22. 5 September 2023: Boletín Oficial de las Cortes Generales Publicación desde 05/09/2023 hasta 08/09/202333. 5 September 2023: Calificación44. 8 September 2023: Gobierno Contestación desde 08/09/2023 hasta 16/10/202355. 16 October 2023: Pleno Toma en consideración desde 16/10/2023 hasta 27/02/202466. 27 February 2024: Concluido - (Retirado) desde 27/02/2024 hasta 01/03/2024

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?

Whoever introduced it withdrew it, or it was merged into another one. It goes no further.

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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