Modifying a court order on residence or maintenance

Filed under : Family Law

When the Court grants an order in family proceedings for separation, divorce or custody the financial, housing and visits will be considered at the time the order is made. As the children get older some of the circumstances may have changed and those originally agreed by the parties, or decided upon by the Judge, become less appropriate for the parents and children.

In these cases it is possible to ask the Court to modify the decision. Spanish Courts have established the following prerequisites in order to modify any of the measures:

  • That a significant change of circumstances has come about since the time that the original measures were adopted
  • That such a change is lasting and is expected to be permanent
  • That the change was not caused singularly by the party applying for the measures to be modified
  • That the circumstances were unforeseeable at the time that the measures were adopted

In short, what the Courts are require is that a major change has come about in one or both of the parties’ circumstances affecting the compliance with the Court decision.

Another modification might be to the residence of the children where one of the parents disagrees. In such cases, the Courts must weigh up the differing interests and ensure they safeguard the children’s relationship with both parents. The Court will require proof of the reasons why a change of residence would be of benefit to the child. For a confidential consultation call 952 527014 or email [email protected]