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Custody, parentage and family relationships

A prosecutor’s report cannot operate as a custody veto

Constitutional Court · STC 185/2012
· Note published and reviewed: 2026-10-27

The issue and the court’s approach

The Constitutional Court struck down the requirement for a favourable prosecutor’s report before shared custody could be ordered without parental agreement. The court must decide the arrangement and explain its reasons.

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Official source and identification

Constitutional Court · STC 185/2012 · 2012-10-17

This is an original explanatory note. The cited material is full judgment published in the boe. Where a summary or study is cited, this note does not claim a full-text review of the judgment.

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General information on Spanish law. Application depends on the facts, applicable legislation and subsequent developments. English text is explanatory, not an official translation.

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