← Back to cases

← Commented cases

Parental responsibility

Disagreement over a school year for children abroad

An academic year outside Spain can affect education, expenses and contact with the other parent. In this file, authorization for a prolonged stay was discussed. The opposition focused on the information available, health coverage and the real possibility of maintaining the family relationship.

What was really being discussed?

The letter opposed a request for authorization for minors to study in another country. He alleged that the proposal significantly affected the planned stays and that the parent could not assume additional costs or travel easily.

There was also controversy over previous communications: whether they had been responded to and whether certain emails had been sent to an operational address. This detail shows why the entire conversation must be preserved and the channel used must be credited, instead of supporting a request solely on the supposed lack of response.

The academic proposal needs a complete plan

To evaluate a stay you have to know the center, calendar, accommodation, managers, insurance, budget and return forecast. The opposition examined especially questioned the health guarantees and the loss of contact during the period away.

These are objections that must be contrasted with specific information about the program and with the circumstances existing when the decision is made. Health or travel difficulties alleged in an old file cannot be presented as a current description of a country or as a universal impediment to studying abroad.

What documentation helps to solve

A useful proposal accompanies program conditions, insurance coverage and cost sharing. It also specifies calls, visits, return trips and what will happen if the minor needs to return earlier than expected.

The other party can document its financial possibilities and the communications in which it expressed its objections. The file must focus on the benefit and needs of the children. Article 156 of the Civil Code allows disagreements in the exercise of parental responsibility to be submitted to judicial authority; The opposition of a parent and a reservation of a place do not resolve the conflict on their own.

matrimonialistas Abogados can help you review the documentation and assess the options applicable to your situation.

Civil Code article 156 · BOE ↗ (opens in a new tab)