InDret 1/2011 Andrina Hayden
The purpose of this paper is to provide a comparative analysis of Spain and England and their respectiveapproaches to the emerging trend of shared custody. To begin with, this paper will seek to show that themovement towards shared custody arrangements in Spain has been a slow process despite the existence of alegal power to make shared custody orders. However, this paper will further seek to demonstrate thatlegislative and judicial changes currently taking place in this field in Spain show that there is a markedmovement towards a greater acceptance of shared custody arrangements and to a limited extent the preferential treatment of this custody model in Spain Having considered the Spanish position, this paper will then concentrate on the English position. The English approach to shared custody provides aninteresting comparison to that of Spain, as despite both countries having started with the same scepticismtowards shared custody, the English courts have quickly overcome this, resulting in England now having perhaps the most developed jurisprudence in relation to this subject among European jurisdictions.
Custodia compartida: Estudio comparativo entre España e Inglaterra
Shared custody, attribution criteria, the best interests of the child, comparative law, Spain, England
Custodia compartida, criterios de atribución, interés del menor derecho comparado, España,Inglaterra
This work was partially prepared as part of the Final Master's Degree Project in completion of the LLM 2009program (Master in Legal Sciences) at the Universitat Pompeu Fabra. I am especially grateful to Dr. Josep F
, supervisor of my LLM paper.