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

Bufete Iglesias abogados Salamanca

GRAN VIA 28, 3º D SALAMANCA Salamanca 37001 ES

Bufete Iglesias

María Jesús Iglesias García

Iltre. Colegio Abogados de Salamanca.

Miembro de la Asociación Europea De Abogados

CITA POR EMAIL: [email protected]     ;  CITA TELEFONICA: 923219309

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 air jordan
7:19 PM on September 9, 2021 
I needed to send you the very little word to be able to thank you very much over again for these extraordinary concepts you have contributed in this article. It has been wonderfully open-handed with you to provide extensively what exactly most of us could have supplied for an ebook in order to make some bucks on their own, most notably seeing that you could possibly have tried it if you considered necessary. These tips as well served like the easy way to understand that other people online have similar desire just as my own to learn a little more concerning this issue. I know there are lots of more pleasant instances ahead for folks who looked at your site.
air jordan
Reply jordan 12
6:53 PM on September 11, 2021 
My wife and i felt absolutely more than happy that Peter managed to complete his preliminary research by way of the precious recommendations he made out of the weblog. It's not at all simplistic to simply be giving out solutions others could have been making money from. And now we remember we need you to give thanks to for that. The type of illustrations you've made, the straightforward site menu, the friendships you can help create - it's all superb, and it is facilitating our son and us imagine that the subject matter is exciting, and that's extraordinarily indispensable. Thank you for all!
jordan 12
Reply yeezy
6:27 PM on September 15, 2021 
I am also commenting to make you be aware of of the fine encounter our girl enjoyed browsing your blog. She learned a lot of details, most notably how it is like to possess an excellent giving mood to make certain people easily know precisely a number of grueling topics. You undoubtedly surpassed my expectations. I appreciate you for churning out these practical, trusted, educational as well as cool guidance on this topic to Ethel.
Reply kd 12 shoes
6:29 PM on September 17, 2021 
I precisely wished to say thanks once more. I'm not certain the things that I would have gone through in the absence of those concepts provided by you directly on this problem. Certainly was the frightful dilemma in my opinion, but discovering a new specialised way you resolved that took me to weep over joy. Now i'm happier for your advice and expect you find out what an amazing job that you are getting into teaching other individuals using your blog post. I'm certain you've never met any of us.
kd 12 shoes
Reply golden goose
7:14 PM on September 19, 2021 
I am only commenting to let you know of the fabulous experience my friend's girl encountered visiting your blog. She picked up a good number of pieces, with the inclusion of what it's like to have an awesome teaching style to let the mediocre ones just learn about selected tortuous subject areas. You actually surpassed visitors' expectations. I appreciate you for supplying these useful, dependable, revealing and in addition easy thoughts on that topic to Ethel.
golden goose
Reply off white
9:13 PM on September 23, 2021 
I have to express my thanks to you for rescuing me from this problem. Because of searching throughout the online world and coming across tips which were not powerful, I was thinking my entire life was gone. Existing devoid of the solutions to the issues you have sorted out by way of your entire write-up is a serious case, and those that would have in a negative way affected my entire career if I had not come across your web page. Your good expertise and kindness in taking care of all the details was priceless. I am not sure what I would have done if I hadn't discovered such a step like this. I can also now look ahead to my future. Thanks for your time so much for this impressive and result oriented guide. I will not think twice to suggest your web site to any individual who requires recommendations on this situation.
off white
Reply supreme
6:22 AM on September 28, 2021 
I definitely wanted to write down a brief message to say thanks to you for the magnificent pointers you are posting on this website. My time intensive internet research has at the end of the day been compensated with reputable knowledge to go over with my partners. I would express that many of us site visitors are extremely endowed to dwell in a fine network with many outstanding individuals with valuable guidelines. I feel really privileged to have used the webpage and look forward to tons of more fabulous times reading here. Thank you again for everything.
Reply jordan shoes
9:24 AM on September 30, 2021 
I wanted to write down a small remark to be able to appreciate you for all the lovely suggestions you are sharing on this site. My time intensive internet investigation has now been rewarded with awesome knowledge to go over with my friends. I 'd believe that most of us visitors actually are quite lucky to exist in a really good website with very many marvellous people with beneficial secrets. I feel extremely happy to have used the website page and look forward to many more exciting minutes reading here. Thank you again for a lot of things.
jordan shoes
Reply lebron 17
1:55 PM on October 2, 2021 
My wife and i were absolutely peaceful Peter managed to conclude his investigations through the precious recommendations he gained through the weblog. It's not at all simplistic to simply find yourself giving for free points that many many others may have been making money from. And we also figure out we now have the blog owner to thank for this. The main explanations you made, the straightforward web site menu, the relationships you help to create - it's got most remarkable, and it is letting our son and the family imagine that the content is fun, and that is extremely indispensable. Thank you for all!
lebron 17
Reply air jordan
11:36 PM on October 8, 2021 
A lot of thanks for all your effort on this blog. My mom takes pleasure in carrying out investigations and it's really easy to understand why. I learn all regarding the compelling medium you present advantageous tactics by means of your web site and as well inspire participation from other ones on this area plus my simple princess is becoming educated so much. Take pleasure in the rest of the year. You are carrying out a fantastic job.
air jordan
Reply giannis antetokounmpo shoes
11:36 PM on October 8, 2021 
I really wanted to jot down a brief note to be able to say thanks to you for all of the superb information you are giving at this website. My time-consuming internet look up has at the end of the day been honored with reputable ideas to exchange with my classmates and friends. I would state that that we readers are unequivocally endowed to be in a fabulous site with so many brilliant individuals with good secrets. I feel pretty blessed to have used your weblog and look forward to tons of more cool minutes reading here. Thank you again for a lot of things.
giannis antetokounmpo shoes
Reply golden goose sale
11:36 PM on October 8, 2021 
I and also my friends have been studying the good recommendations found on your web page while then came up with a terrible feeling I had not thanked you for them. Those men are actually as a consequence stimulated to read them and now have in truth been taking pleasure in them. Thank you for really being quite accommodating as well as for opting for variety of remarkable issues millions of individuals are really desirous to know about. My honest apologies for not saying thanks to earlier.
golden goose sale
Reply pg 1
11:37 PM on October 8, 2021 
Thank you for your entire labor on this site. My aunt delights in doing investigations and it's simple to grasp why. Many of us learn all about the compelling means you offer both interesting and useful tactics on your web blog and attract response from people on that concept then our girl has been becoming educated a great deal. Take pleasure in the remaining portion of the new year. You have been conducting a great job.
pg 1
Reply supreme hoodie
11:37 PM on October 8, 2021 
Thank you for all your efforts on this web page. My daughter takes pleasure in making time for investigations and it's obvious why. We all know all about the dynamic way you present efficient things on the web site and therefore invigorate response from people on that area of interest plus our own princess has always been starting to learn a whole lot. Enjoy the remaining portion of the year. You're carrying out a great job.
supreme hoodie
Reply yeezy shoes
11:39 PM on October 8, 2021 
Thanks for your own hard work on this website. Gloria takes pleasure in setting aside time for research and it's really obvious why. We all notice all concerning the dynamic tactic you give good tips and tricks on this website and in addition recommend participation from other ones about this area of interest while our girl is now understanding a lot of things. Enjoy the rest of the year. You are always doing a wonderful job.
yeezy shoes
Reply supreme new york
2:27 AM on October 11, 2021 
Needed to create you a little bit of observation so as to say thanks a lot once again considering the marvelous thoughts you have provided here. This has been seriously generous of people like you to give freely all that a few people would have supplied as an e-book in order to make some dough for themselves, precisely given that you might have done it in case you wanted. Those good tips additionally served like the good way to fully grasp many people have the identical interest similar to my very own to know a little more in respect of this condition. I'm sure there are many more pleasurable instances up front for individuals that go through your site.
supreme new york
Reply bape
5:14 AM on October 13, 2021 
I am writing to make you know of the amazing discovery my cousin's girl undergone studying yuor web blog. She picked up too many issues, which include how it is like to have an awesome giving heart to let other people effortlessly know just exactly various very confusing issues. You truly surpassed her expected results. Thanks for presenting the useful, safe, informative and also unique tips on your topic to Lizeth.
Reply bathing ape
8:39 AM on October 15, 2021 
I am only writing to let you know of the great encounter my friend's child enjoyed checking yuor web blog. She mastered many details, including how it is like to possess an awesome coaching style to let many others completely have an understanding of selected hard to do issues. You actually exceeded our expectations. Thank you for providing such invaluable, trusted, explanatory as well as easy tips about this topic to Tanya.
bathing ape
Reply supreme clothing
11:43 AM on October 17, 2021 
I precisely desired to appreciate you all over again. I'm not certain what I would have implemented without these thoughts provided by you directly on my theme. Certainly was a frustrating difficulty in my opinion, but looking at this professional technique you solved that made me to leap for joy. I am thankful for the assistance and then expect you know what a powerful job you have been putting in training the mediocre ones with the aid of your web blog. I am sure you've never got to know any of us.
supreme clothing
Reply supreme clothing
6:46 PM on October 21, 2021 
I truly wanted to post a quick note in order to express gratitude to you for these splendid items you are sharing at this site. My particularly long internet investigation has finally been honored with reputable strategies to talk about with my close friends. I 'd declare that many of us visitors actually are very much lucky to live in a decent site with very many wonderful professionals with useful pointers. I feel rather privileged to have come across your entire web site and look forward to plenty of more fabulous moments reading here. Thank you again for a lot of things.
supreme clothing