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Free Guide to Hiring a Family Lawyer
Corralejo is part of La Oliva, on Fuerteventura. Parents can agree on where a child lives, time with each parent, decision-making, and child maintenance, then ask the court to approve their agreement where required.
In a separation or divorce, these terms are usually set out in a convenio regulador, or regulatory agreement. If parents cannot agree, the court decides the measures, guided by the child’s best interests rather than an automatic preference for either parent or for shared custody.
Family proceedings for residents of La Oliva are generally handled by the competent courts based in Puerto del Rosario. Practical arrangements should account for Fuerteventura travel times, school schedules, and, where relevant, ferry or flight connections if a parent lives elsewhere.
You cannot agree on the weekly schedule. A lawyer can help propose workable handovers when parents live in different parts of Fuerteventura or have conflicting work shifts, including tourism-sector hours.
One parent may move away. Relocation from Corralejo, especially to another island or abroad, can affect residence, travel, schooling, and contact. Get advice before changing the child’s residence or travel arrangements.
Travel and holiday contact need clear terms. A written agreement can address who books and pays for travel, where handovers happen, and how school holidays are divided when a parent lives off the island.
You are separating but were not married. Unmarried parents can still ask the court to set custody, contact, and maintenance measures for their child.
There are concerns about violence or a child’s safety. A lawyer can explain urgent protective options and how safety concerns may affect custody and contact. Do not negotiate or arrange contact in a way that breaches an existing court order.
An existing order no longer works. A substantial change, such as a move, a changed work pattern, or a child’s needs, may justify seeking a formal variation rather than relying on an informal arrangement.
Corralejo does not have a separate municipal custody code. The main rules are Spanish national law, applied by the competent courts serving La Oliva.
Spanish Civil Code (Código Civil), enacted by Royal Decree of 24 July 1889 and amended many times. Its provisions on separation and divorce agreements, parental authority, custody, and contact include Articles 90, 92, and 94. Law 8/2021, in force from 3 September 2021, amended several Civil Code provisions concerning children and family measures.
Law 1/2000 of 7 January on Civil Procedure (Ley de Enjuiciamiento Civil). It sets out the court process for consensual separation or divorce and contested family proceedings, including procedures under Articles 769 to 777.
Organic Law 1/1996 of 15 January on the Legal Protection of Minors (Ley Orgánica de Protección Jurídica del Menor). It protects children’s rights, including the right to be heard in matters affecting them. Organic Law 8/2021, in force from 25 June 2021, strengthened Spain’s framework for protecting children and adolescents from violence.
Parents may discuss arrangements directly, but a lawyer can check whether the terms are clear and suitable for court approval. Legal representation is required in court proceedings, including proceedings to formalise a separation or divorce agreement.
Parents can agree privately, but an informal agreement may be difficult to enforce if one parent stops following it. Where court approval is required, particularly for arrangements involving minor children in separation or divorce proceedings, the court reviews the proposed terms.
No. The court considers the circumstances and the child’s best interests; shared custody is not automatic. A court may order it when appropriate, whether the parents agree or the matter is contested.
Yes. A child’s parents can seek court measures about custody, contact, and maintenance whether or not they were married. The appropriate procedure depends on the family’s circumstances.
A child has a right to be heard in proceedings affecting them, with the method depending on age and maturity. Children aged 12 or older are generally presumed to have sufficient maturity, while younger children may also be heard when appropriate.
A move that substantially affects the other parent’s contact or the child’s established life may require agreement or a court decision. Seek legal advice before changing the child’s residence, especially if the move is to another island or country.
Parents can propose terms covering booking, payment, handovers, and school holidays. If they cannot agree, the court may decide arrangements based on the child’s needs and the family’s circumstances.
Timing depends on whether the parents agree, the court’s workload, and whether evidence or hearings are needed. A consensual case may be simpler, but no local timetable can be guaranteed; ask a lawyer for a current estimate before filing.
There is no single fixed fee for all cases, and costs depend on whether the matter is agreed or contested and what work is needed. Request a written estimate covering the lawyer’s fees and any separate expenses, such as a procurador or translations.
Legal aid may be available if you meet the financial and other eligibility rules under Spanish law. Ask the legal aid service serving the competent court area how to apply and which documents to provide.
A parent may ask the court to vary measures when circumstances have changed substantially since the order was made. A move, a significant change in a parent’s availability, or new needs affecting the child may be relevant.
Ayuntamiento de La Oliva: Its municipal social services can provide information about local family and social support services. They do not replace a lawyer or decide custody disputes.
Courts serving La Oliva, based in Puerto del Rosario: The competent court handles family proceedings and court-approved agreements. Confirm the correct court and filing arrangements before submitting documents.
Government of the Canary Islands: Its justice services provide information about legal aid and related procedures in the autonomous community. Check the current application route and eligibility requirements before applying.
Gather key information. Over the next few days, collect any existing court orders, your proposed schedule, relevant messages, and details of the child’s school and travel needs.
Identify lawyers handling family proceedings. Contact local legal professionals or the relevant legal-aid service and ask whether they handle custody, contact, and parental responsibility cases for La Oliva.
Arrange an initial consultation. Aim to speak with one or more candidates within one to two weeks, if possible. Explain whether the matter is agreed, contested, urgent, or involves a possible move.
Check fit and communication. Ask about experience with Spanish family proceedings, availability, language needs, and how the lawyer will communicate updates and deadlines.
Request written fee terms. Before hiring, ask for the scope of work, billing method, likely additional expenses, and whether a procurador or other professional may be needed.
Agree on the next action. Once retained, decide with the lawyer whether to negotiate, prepare a convenio regulador, apply for court measures, or seek an urgent response to a safety concern.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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