In many cases it happens that two parents disagree as to whether or not there is an obligation to deliver the personal documentation of the common child (ID card, health card, vaccination card, etc.) by the person who has custody of the child. In this respect we must start from the premise that if nothing is agreed between the parties, numerous jurisprudence, including Judgment No. 308/2016 issued by the Audiencia Provincial de Girona, Section 1, on November 21, 2016, establishes that the documents will be guarded by the custodian of the minors, without prejudice to the non-custodial parent being able to obtain a duplicate of documents that may be needed while his children are with him, such as the health card, and ask the parent guardian for the rest of the original documentation when needed, such as trips, trips abroad, doctors, etc. , being that this commitment to deliver the documentation of the child exists in these circumstances independently of custody and custody agreed or established in a judgment in a litigation.
In the event of needing the original documentation and the parent guardian does not want to deliver us the same. What can we do to demand compliance with this obligation? Firstly, we recommend sending a burofax (reliable communication) since sometimes this measure has its effects and because of the same one is informed and advises and, consequently, knows the duty of delivery of personal documentation of the common child in those circumstances in which it is necessary. Notwithstanding the foregoing, and in the event that the missive received is ignored and the personal documents of the minor are denied, we have a judicial mechanism to ensure that the one that does not obey the established by the current legislation and the jurisprudence, is a procedure in which the competent judge will declare the obligation on the part of the parent guardian to deliver the personal documents of the child in such circumstances.
However, we must consider the assumption that two people dissolve their marriage or stable partner through an agreement and expressly states in the regulatory agreement, which will be approved through the corresponding judgment, the obligation to deliver personal documentation and original of the common son, because in this case and for having been so agreed there is a duty that the personal documentation goes with the child, so that these documents will be in the custody of the parent with which the common child is at that time. In spite of this, we can find the situation described above and that one of the parents fails to comply with this obligation of delivery of the documents, being that in that case we can file a procedure for enforcement of court titles so that the father is required or failing mother for the delivery of the documents.
Therefore, we understand that it is very important to be duly advised by a lawyer in the initial procedure for dissolving the marriage or stable couple, that is, in the first procedure that exists in the field of family law, since if you agree to form expresses the obligation of delivery of the personal documentation of the child by both parents, the two parties will know about this commitment and also will be able to go to court without problems, in order to obtain compliance by the parent who has refused to the delivery of the documents.
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