Shopping Cart
Your Cart is Empty
There was an error with PayPalClick here to try again
CelebrateThank you for your business!You should be receiving an order confirmation from Paypal shortly.Exit Shopping Cart

abogados salamanca bufete iglesias



Posted on November 9, 2014 at 4:27 AM

La Sala Primera del Tribunal Supremo ha fijado doctrina, al resolver un recurso
que presenta interés casacional, sobre el sistema que ha de regir para el reparto
equitativo entre los progenitores de las cargas derivadas del régimen de visitas cuando
ambos cónyuges residen en localidades muy distantes, a fin de que, como regla general,
sean ambos los que se las realicen y no sea solamente el progenitor no custodio el que
las asuma en exclusiva.
En el supuesto enjuiciado, tras la ruptura de la pareja, el padre tuvo que
trasladarse a 32 kilómetros del lugar de residencia de la madre y del menor. Para el
cumplimiento del régimen de visitas (visitas de día - visitas de fin de semana - estancias
vacacionales), el Juzgado consideró que lo adecuado era que el padre se desplazara para
recoger al hijo en el domicilio materno y que la madre se encargase de recogerlo en el
domicilio paterno. Sin embargo, la Audiencia consideró que debía ser el padre, por ser
quien vivía lejos del domicilio del menor, el que se desplazara en ambos casos, tanto
para recogerle como para llevar a cabo su devolución.
La sentencia de la Sala Primera, de la que es ponente el magistrado D. Arroyo
Fiestas, fija doctrina en este particular, ante la existencia de posiciones dispares en las
Audiencias Provinciales. La Sala se apoya, de una parte, en el interés del menor, y, de
otra, en el reparto equitativo de cargas a que se refieren los arts. 90 c) y 91 del Código
Según declara la sentencia, «es esencial que el sistema que se establezca no
pierda de vista el interés del menor, de forma que no dificulte su relación con cada uno
de los progenitores», pero, al mismo tiempo, «es preciso un reparto equitativo de
cargas, de forma que ambos progenitores sufraguen los costes de traslado de forma
equilibrada y proporcionada a su capacidad económica, teniéndose en cuenta sus
circunstancias personales, familiares, disponibilidad, flexibilidad del horario laboral,
etc.». De ahí que para determinar el criterio que contribuya a clarificar la cuestión sea
preciso, sigue diciendo, «que se establezca un sistema prioritario y otro subsidiario,
dado que pueden presentarse diferentes situaciones y será necesario ofrecer soluciones
alternativas adaptadas a las particularidades de cada situación». Como regla general,
normal o habitual, se considera que lo adecuado es que  «cada padre/madre recogerá al
menor del domicilio del progenitor custodio, para ejercer el derecho de visita y el
custodio lo retornará a su domicilio» y, «subsidiariamente, cuando a la vista de las
circunstancias del caso, el sistema habitual no se corresponda con los principios
expresados de interés del menor y distribución equitativa de las cargas, las partes o el
juez podrán atribuir la obligación de recogida y retorno a uno de los progenitores con
la correspondiente compensación económica, en su caso y debiendo motivarse en la
resolución judicial». También se afirma que «estas dos soluciones se establecen sin
perjuicio de situaciones extraordinarias que supongan un desplazamiento a larga
distancia, que exigirá ponderar las circunstancias concurrentes y que deberá conllevar
una singularización de las medidas adoptables».

Categories: divorcio

Post a Comment


Oops, you forgot something.


The words you entered did not match the given text. Please try again.


Reply moncler jacket
10:20 PM on May 11, 2021 
I intended to compose you one tiny remark to thank you very much the moment again for all the unique tricks you've documented in this article. It is quite unbelievably generous of you to provide freely what some people would've made available for an electronic book to end up making some money on their own, most importantly considering the fact that you might have tried it in case you considered necessary. Those advice in addition worked like a good way to realize that someone else have the identical zeal just as mine to know good deal more regarding this matter. I think there are a lot more pleasant opportunities ahead for people who read your website.
moncler jacket
Reply jordan 11
10:20 PM on May 11, 2021 
I as well as my pals ended up checking the best things found on the website then then I had a horrible suspicion I never thanked the blog owner for those secrets. Most of the young men became for this reason excited to read them and have now truly been making the most of those things. We appreciate you turning out to be simply considerate as well as for deciding on certain very good areas millions of individuals are really desirous to understand about. My sincere apologies for not expressing gratitude to you sooner.
jordan 11
Reply supreme hoodie
10:21 PM on May 11, 2021 
I actually wanted to jot down a brief word in order to thank you for all of the awesome recommendations you are showing here. My time-consuming internet look up has finally been rewarded with professional suggestions to exchange with my two friends. I would believe that we readers are quite endowed to be in a fabulous network with very many brilliant people with beneficial ideas. I feel very blessed to have discovered your webpages and look forward to some more thrilling moments reading here. Thanks a lot again for a lot of things.
supreme hoodie
Reply supreme outlet
10:21 PM on May 11, 2021 
My wife and i felt now fortunate when Albert managed to finish off his preliminary research through the entire ideas he acquired out of your web page. It's not at all simplistic to simply happen to be offering guidance that many people may have been making money from. So we fully grasp we need you to be grateful to for that. The main illustrations you have made, the simple website menu, the relationships you will help to engender - it's got all spectacular, and it's really facilitating our son in addition to the family believe that the subject is enjoyable, and that's quite fundamental. Thanks for all the pieces!
supreme outlet
Reply chrome hearts
10:22 PM on May 11, 2021 
Thanks for your whole work on this blog. Kate loves going through investigations and it's obvious why. Almost all notice all relating to the compelling way you provide practical strategies by means of this blog and as well improve participation from website visitors about this matter while my girl is truly discovering a great deal. Take pleasure in the remaining portion of the year. You're conducting a tremendous job.
chrome hearts
Reply yeezy
10:22 PM on May 11, 2021 
I am also commenting to make you know what a exceptional discovery my cousin's princess had visiting the blog. She even learned plenty of details, not to mention what it's like to possess a great coaching spirit to get the mediocre ones without hassle know just exactly various tortuous things. You really surpassed people's expected results. Many thanks for delivering those invaluable, trusted, educational not to mention cool thoughts on this topic to Julie.
Reply yeezy 500
10:23 PM on May 11, 2021 
I precisely needed to thank you so much once more. I do not know the things that I could possibly have created without these advice revealed by you regarding such theme. It actually was a distressing situation in my opinion, but looking at a new expert technique you treated the issue forced me to leap with contentment. I will be happy for your assistance as well as trust you know what a great job you're providing instructing people using a blog. I am certain you haven't met all of us.
yeezy 500
Reply lebron james shoes
3:57 PM on May 13, 2021 
I'm just commenting to make you understand of the magnificent experience our child undergone using your webblog. She realized a lot of details, not to mention what it is like to possess a marvelous coaching character to make other folks with no trouble know precisely a variety of advanced matters. You actually exceeded visitors' expected results. Many thanks for offering these powerful, trusted, informative not to mention cool guidance on your topic to Tanya.
lebron james shoes
Reply yeezys
3:58 PM on May 13, 2021 
My husband and i were so satisfied Raymond managed to finish off his inquiry while using the precious recommendations he discovered from your very own web site. It's not at all simplistic just to happen to be giving freely strategies that many a number of people have been selling. We do know we need the writer to be grateful to for that. The specific illustrations you've made, the simple website menu, the relationships your site assist to engender - it is mostly impressive, and it's aiding our son in addition to the family reckon that that article is pleasurable, and that is pretty mandatory. Thank you for all the pieces!
Reply moncler
3:58 PM on May 13, 2021 
Thank you so much for providing individuals with a very spectacular possiblity to check tips from here. It can be very excellent and as well , packed with amusement for me personally and my office peers to search your blog no less than three times in a week to read the fresh stuff you have. And lastly, I am also at all times impressed considering the wonderful principles you serve. Selected 1 tips in this post are clearly the most efficient we have all ever had.
Reply jordan 11
3:58 PM on May 13, 2021 
I wish to voice my passion for your generosity in support of persons that need help with this particular issue. Your personal dedication to passing the solution all-around ended up being exceptionally beneficial and have without exception empowered guys just like me to attain their desired goals. Your own interesting help and advice implies a lot to me and somewhat more to my mates. Best wishes; from everyone of us.
jordan 11
Reply retro jordans
4:00 PM on May 13, 2021 
My spouse and i ended up being now peaceful that Michael could finish off his investigations from the precious recommendations he discovered out of the web site. It is now and again perplexing just to choose to be giving away information and facts which other people could have been making money from. We really grasp we have the blog owner to give thanks to for that. The type of explanations you've made, the simple web site menu, the friendships you can make it possible to instill - it is mostly wonderful, and it's really assisting our son and the family do think this subject matter is cool, and that's tremendously essential. Thank you for all!
retro jordans
Reply yeezy supply
4:01 PM on May 13, 2021 
I precisely needed to appreciate you all over again. I do not know the things I might have undertaken in the absence of the actual tactics provided by you on that subject matter. It became an absolute traumatic situation in my circumstances, but being able to view a new specialised approach you handled it made me to jump over happiness. I will be grateful for this help and then expect you find out what a great job you are always getting into educating people today all through your website. Most probably you've never come across all of us.
yeezy supply
Reply yeezy boost 700
8:10 AM on May 15, 2021 
I and also my pals have already been going through the excellent key points located on your web blog then all of a sudden developed a terrible feeling I never expressed respect to the website owner for them. My people were glad to learn all of them and have surely been using them. Appreciation for really being well helpful and for pick out this form of helpful guides millions of individuals are really desirous to be aware of. My personal honest regret for not saying thanks to you sooner.
yeezy boost 700
Reply jordan retro
8:11 AM on May 15, 2021 
A lot of thanks for all your valuable labor on this web site. My mother delights in engaging in investigation and it is simple to grasp why. A number of us learn all of the powerful ways you present sensible information via this website and as well inspire response from other ones on the issue plus my simple princess is certainly discovering a great deal. Take advantage of the remaining portion of the new year. You're the one doing a great job.
jordan retro
Reply off white nike
8:11 AM on May 15, 2021 
I am commenting to let you know of the useful encounter my daughter obtained visiting your webblog. She realized too many issues, with the inclusion of what it is like to possess a very effective helping spirit to get a number of people without difficulty have an understanding of specified very confusing issues. You truly did more than readers' expected results. Thank you for delivering the good, safe, informative not to mention easy thoughts on this topic to Sandra.
off white nike
Reply yeezy boost 350
8:11 AM on May 15, 2021 
I intended to write you a little bit of observation so as to thank you so much once again for your personal great thoughts you've documented in this article. It was really seriously generous of you to give unhampered all some people could have distributed as an e-book to help with making some cash for their own end, especially considering that you might have done it if you ever wanted. These ideas in addition acted as the fantastic way to know that most people have the same dream just like my personal own to know the truth way more when it comes to this problem. I am certain there are many more pleasurable opportunities in the future for individuals who discover your website.
yeezy boost 350
Reply stone island jacket
8:11 AM on May 15, 2021 
I precisely needed to thank you so much once again. I do not know the things I might have accomplished without the entire secrets shared by you directly on my area. Entirely was a real frustrating condition in my opinion, nevertheless considering the expert mode you managed the issue took me to jump with happiness. I'm happy for the assistance and thus sincerely hope you comprehend what a great job you have been undertaking teaching many others all through your websites. I am sure you have never met all of us.
stone island jacket
Reply off-white
8:11 AM on May 15, 2021 
I truly wanted to type a brief remark to thank you for these awesome tips and hints you are sharing here. My time-consuming internet search has finally been rewarded with extremely good facts to talk about with my friends and classmates. I 'd assert that we visitors actually are undeniably fortunate to exist in a wonderful place with very many lovely individuals with helpful strategies. I feel very much privileged to have encountered your webpages and look forward to really more amazing minutes reading here. Thanks a lot again for everything.
Reply kobe byrant shoes
8:12 AM on May 15, 2021 
I simply desired to say thanks again. I'm not certain what I might have used in the absence of those tactics documented by you on that subject matter. Completely was an absolute hard concern in my position, but considering the very well-written fashion you managed the issue made me to cry with happiness. Now i am happier for this work and in addition trust you realize what an amazing job you happen to be accomplishing instructing other individuals with the aid of your webpage. I am certain you have never come across all of us.
kobe byrant shoes