Spain's government creates new discrimination against fathers in divorce
The Spanish Government approves a clause that shields maternal custody. A return to the mother's monopoly in divorces? Analysis of the reform and its parliamentary support.
English · Original discussion in Spanish · Published
The Juana Rivas clause: a return to maternal monopoly in custody?
On 5 May, the Council of Ministers approved a draft Children's Law introducing the so-called 'Juana Rivas clause', a specific protection for women in child custody proceedings. According to its critics, the reform represents a decades-long step backwards by eliminating the presumption of shared custody and automatically restoring weight to the maternal figure.
What really changes?
The reform changes the custody system to prohibit judges from granting custody to the father without the mother's express consent. In practice, shared custody will only be possible if both parents reach a mutual agreement. This clashes with the social trend of the last twenty years, which had normalised co-responsibility after separation. The clause is named after Juana Rivas and María Sevilla, women pardoned by the Government after high-profile child abduction cases.
The parliamentary puzzle
The draft bill must now pass through the Spanish Parliament (Cortes). Although the caretaker government lacks a majority, the combined left-wing parties (PSOE, Sumar, ERC, Bildu, PNV) could muster the necessary votes. The PP, according to analysts, would abstain to avoid a confrontation with its female electorate, while Junts might vote against for electoral calculation. The paradox is that, according to figures circulating in the debate, roughly 80% of men vote for parties that will support this measure.
Reactions and paradoxes
The arguments against focus on the fact that the law starts from a presumption of the father's guilt and turns children into a bargaining tool. Its defenders, meanwhile, argue that it seeks to protect minors from situations of violence or parental alienation. However, most voices express the view that legislation is being passed with a gender bias and that the best interests of the child are subordinated to the mother's judgement.
The legislative process is not yet closed. If approved, Spain would make a 180-degree turn in family policy, returning to a model many considered a thing of the past. The open question is whether Parliament will listen to fathers' associations and family court judges, or whether the pressure of the feminist lobby and electoral inertia will prevail.
Related discussions in the forum
On 5 May, the Council of Ministers approved a draft Children's Law introducing the so-called 'Juana Rivas clause', a specific protection for women in child custody proceedings. According to its critics, the reform represents a decades-long step backwards by eliminating the presumption of shared custody and automatically restoring weight to the maternal figure.
What really changes?
The reform changes the custody system to prohibit judges from granting custody to the father without the mother's express consent. In practice, shared custody will only be possible if both parents reach a mutual agreement. This clashes with the social trend of the last twenty years, which had normalised co-responsibility after separation. The clause is named after Juana Rivas and María Sevilla, women pardoned by the Government after high-profile child abduction cases.
The parliamentary puzzle
The draft bill must now pass through the Spanish Parliament (Cortes). Although the caretaker government lacks a majority, the combined left-wing parties (PSOE, Sumar, ERC, Bildu, PNV) could muster the necessary votes. The PP, according to analysts, would abstain to avoid a confrontation with its female electorate, while Junts might vote against for electoral calculation. The paradox is that, according to figures circulating in the debate, roughly 80% of men vote for parties that will support this measure.
Reactions and paradoxes
The arguments against focus on the fact that the law starts from a presumption of the father's guilt and turns children into a bargaining tool. Its defenders, meanwhile, argue that it seeks to protect minors from situations of violence or parental alienation. However, most voices express the view that legislation is being passed with a gender bias and that the best interests of the child are subordinated to the mother's judgement.
The legislative process is not yet closed. If approved, Spain would make a 180-degree turn in family policy, returning to a model many considered a thing of the past. The open question is whether Parliament will listen to fathers' associations and family court judges, or whether the pressure of the feminist lobby and electoral inertia will prevail.
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (28 replies).
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