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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6052
Experience:  Spanish Attorney
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I am going through a divorce at the moment. My wife is Spanish

Customer Question

I am going through a divorce at the moment.
My wife is Spanish and lives in Spain with our two children, which we both agreed was better for the kids.
But now she is becoming extremely difficult towards my visitation rights.
She has not said that I cannot see them, but has informed me that I need to go to Granada to get them and that she will not bring them down to Malaga for me.
This is making my visitation rights very difficult as it takes me a day to get there, stay in hotel for one night and then a further day to get back down to Malaga.
This is very expensive and timely.
She has stated that she is going to tell the courts that any of my visitation should not cost her time or money, hence her remarks about not meeting me in Malaga to drop of my kids to me.
If she was living in the UK I would apply for joint custody, but with her and the kids living in Spain then obviously this would not work.
If she was here, then would the courts not ask her to at least meet me half way as to the arrangements for dropping off and picking up the children?
I feel that she is being very unreasonable and is determined to cost me both time and money and also make it extremely difficult for me to have proper access to my children.
Is there anything that I can do to have her meet me half way.
She also refuses to bring my kids back over to the UK for visits.
Please help
Raymond
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.
José M. :

Hi Mr Raymond

José M. :

José M spanish attorney to help you

José M. :

Fisrt thing to do to avoid problems and make your situation clear is to contract a local attorney who demand in court your visit timetable

José M. :

Once you got it is a criinal offence for her not to obey the order judge

José M. :

So, be sure that as soon as you contract a local attorney who demand this time table at court you will got legal security

José M. :

I will be here if needed

José M. :

Thank you

José M. and other Spain Law Specialists are ready to help you
Customer: replied 2 years ago.

Hola Jose

I am aware that I shall have to fight for my rights in court. But do you think that the courts shall see it as fair if my wife has to bring the children to Malaga to met me, rather than I having to go to her home town every visit?

I know that if she was living in the UK and we had joint custody then she would have to share the burden and expense of making sure that I saw the kids.

I do not want to spend a small fortune fighting for something that I am very unlikely to get.

Kind regards

Raymond

Expert:  José M. replied 2 years ago.
Hi there, really do not wait for a fair court here in Spain
Women here has more rights and that is how the sistem works
You will find the sistem very different as in UK
Here she will fin the way easier
And becasue of it, as soon as you fight in court you will find your way, be sure of that
You do not have to spend a lot of money fighting for lost wars, you have to spend some money for battles you could win
Check for an honest atorney who speaks you clear and tell you what are the fight you could win
Thank you
Customer: replied 2 years ago.

Thank you for your honest reply.

I know that I am in for hell being dragged through the Spanish courts.

I just have to decide if it is worth fighting her or if I will be fighting a loosing battle.

Its my children who are suffering along with me and its so unfair.

I have good cause to believe that if I asked for full custody then I may get it on the grounds that she is abusing drugs and with a violent partner.

But my children would never forgive me if I took them away from there mother. And also I do not want to do that to her despite her anger and bitterness towards me.

I will just have to wait and see what she demands in court and then decide if I fight it or not.

Thank you again for your response

Regards

Raymond

Expert:  José M. replied 2 years ago.
Hi there
If you have a chance to get the full custody as she is abusing drugs and has a violent partner just USE IT
You could manage in future with your sons whit the winner cards on your hand
Step by step, do not think on future as you could lose the cahce to get them (Your sons)
May be next time could be later for you
Use your actual chance as soon as possible if you have good cards