When a couple with children separates, the first question is usually who the children will live with. In Catalonia the answer starts from a clear principle: both parents remain responsible for their children after the break-up. That is why joint custody (guarda compartida) is now a common outcome, though not an automatic one.
At MH & MG Abogados we have been supporting families in Barcelona and Roses (Girona) for more than 25 years, and our partners are registered mediators. Here is how joint custody works in Catalonia.
What Catalan law says
The Catalan Civil Code provides that separation or divorce does not change the responsibilities both parents have towards their children. When deciding on custody, the judge must take into account that those responsibilities are shared, although sole custody may be ordered if it better serves the child’s interests.
In practice, the Catalan courts treat joint custody as the preferred option whenever it is workable and benefits the children.
What the judge takes into account
Among other factors, the judge considers:
- The children’s emotional bond with each parent.
- Each parent’s ability to care for them and their actual availability.
- The time each parent spent with the children before the separation.
- The children’s views; they must be heard if they are twelve or older or mature enough.
- Any previous agreements between the parents and their ability to communicate about the children.
- The distance between the homes and the school, so that the changeovers do not disrupt their routine.
The law rules out custody for a parent convicted of domestic or gender-based violence, or where there is well-founded evidence of it.
The parenting plan
In Catalonia, any agreement or court application concerning minor children must include a parenting plan (pla de parentalitat). It sets out how time is shared (alternate weeks, fortnights or other arrangements), who deals with school, health and activities, how holidays are organised and how the parents will communicate. The more detailed and realistic it is, the fewer disputes there will be later.
Child maintenance and the family home
Joint custody does not necessarily do away with child maintenance. Each parent covers day-to-day expenses while the children are with them, but if there is a significant difference in income the judge may order maintenance to balance things out. Extraordinary expenses, such as medical costs not covered or agreed activities, are normally shared in proportion to income.
As for the family home, with joint custody its use is usually granted to the parent in greater need, and only temporarily. Alternatively, it can be sold or allocated to one of the two; we explain this in our article on dividing assets after divorce.
If circumstances change
Arrangements for the children can be changed if circumstances change significantly: a move, new working hours, the children’s views as they grow up, or repeated failure to comply with the agreed arrangements. This is done through a modification of measures procedure, which also requires a prior attempt at agreement or mediation.
We help you find the best solution
At MH & MG Abogados we help you negotiate and draft a balanced parenting plan, support you through family mediation and, if no agreement is reached, argue in court for the arrangement that best protects your children. Find out more on our family law page.
Book an in-person or online appointment in Barcelona (+34 93 368 32 02) or Roses (+34 972 15 24 32), via WhatsApp (+34 653 964 658) or through our contact page. We will give you a no-obligation quote.