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Arranz Abogados

Shared custody, requirements, value of psychosocial reports

The Supreme Court has issued the ruling of September 9, 2015, which abounds in the STS of February 16, 2015 from the same rapporteur who establishes again, and despite the opinion of the judicial expert, that “The mere disagreement over the shared custody system cannot lead to its exclusion”, since after the appointment of the STS of April 25, 2014 and July 19, 2013, it concludes that “The appealed ruling violates jurisprudential doctrine because it does not analyze the necessity or not of shared custody, but rather limits itself to assessing the advantages of maintaining the “status quo.”.


Regarding the value of the unratified regulatory agreement, the First Chamber indicates that As long as it is not accepted by the parties, it is only an element of negotiation that can be ratified or not, without detrimental consequences being derived from it for those who did not sign it (art. 1261 Civil Code).

Sentence of September 9, 2015