If you are separating from your partner and you have children together, you need a clear, legal way to settle things like custody and visits, even if you and the other parent agree on everything. That is what this procedure is for.
It is called a "parent-child measures by mutual agreement" procedure, and it sets out every aspect of how your children will relate to each of you going forward. Because minors are involved, the Prosecution Office must take part, and the agreement needs to be approved by a court.
You need this process if you were never married and you are splitting up with children in the picture. You also need it later on if you were already divorced and now want to change the measures that were agreed at the time of the divorce.
What counts as a "measure"
The things you need to agree on include:
- Which parent will have custody, or whether custody will be shared.
- The visiting arrangements, including stays with the other parent.
- Child maintenance payments (alimony).
What this means for you
To start the process, you file a request together with certain supporting documents required by Spanish civil procedure law, along with a proposed regulatory agreement covering the parent-child measures, signed by both of you. Putting together that signed agreement is the first practical step to take.
