Spain's government to restrict men's access to shared custody

Government restricts shared custody: the four changes putting fathers on alert
Spain will become the only country in the European Union to ban the use of the term 'Parental Alienation Syndrome' in the courts, under a draft bill that also removes the 12-year age limit for minors to testify about their custody. The reform, which also limits the number of shared custody arrangements and recognizes the children of victims of gender violence as direct victims, has sparked an intense debate over the balance between child protection and parental rights.

The four pillars of the reform
The draft bill, promoted by the Ministry of Equality, introduces four key changes: first, access to shared custody is restricted, with the child's welfare as the sole criterion. Second, the 12-year threshold for hearing the child's opinion is removed, allowing any minor to be heard regardless of age. Third, the use of the concept of 'Parental Alienation Syndrome' (PAS) is expressly banned, a notion frequently used by fathers to allege maternal manipulation. Fourth, the children of women who are victims of gender violence are now also considered victims of gender violence.

The PAS controversy: hiding a reality?
The ban on PAS is the most controversial point. Opponents argue that removing the term does not make the phenomenon of parental manipulation disappear, and that it leaves fathers without a legal tool to report such situations. On the other hand, supporters of the reform maintain that PAS has no scientific basis and that its use has served to discredit legitimate reports of domestic violence. The draft bill calls it "pseudoscience" and links it to an outdated gender perspective.

Hearing the child with no age limit: protection or risk?
Removing the age limit is also generating debate. It is argued that young children are highly suggestible and that their testimony can easily be instrumentalized by one of the parents. However, the law aims to give children a voice, in line with the Convention on the Rights of the Child. Judges will have to justify any decision that goes against the child's opinion, which some see as pressure to award custody to the parent the child favors.

Reactions and skepticism
The harshest critics accuse the law of being a direct attack on male parental authority, with expressions such as "closing the last loophole men had to get custody." Some also question the political viability of the reform, given its dependence on narrow parliamentary majorities. Others, more skeptical, doubt that the draft bill contains exactly what has been leaked, noting that the full text has not been published.

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The debate is far from settled. While some see pogre in child protection and the eradication of pseudoscience, others denounce a law that tips the scales of justice and leaves the non-custodial parent defenseless. The parliamentary process will decide whether these changes see the light of day or become another chapter in the culture war.

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