Las relaciones personales nietos y abuelos

Abstract

Introduction The latest statistics referring to relations between grandchildren and grandparents show that seven out of ten Spanish grandparents involved in the care of their grandchildren and 87% maintain close family relationships. Given this way of life that breaks through the day, imposed by the dynamics of modern society, reviled legally grandchildren-grandparents relations are facing a new situation in which the positions of both subjects involved abandon the legal irrelevance to become an essential discussion of family law. Research content The aim of the thesis is integrated to give an overview of the grandchildren-grandparents relations since its inception at the dawn of history to the regulations contained in the Law 42/2003 of 21 November. In this study we have analyzed the grandchildren-grandparents relations from the point of view of family law and from the point of view of administrative decisions, emphasizing, not the grandparents, as usual often happens in studies of this nature but in children, rigorously examining the dimension of the legal framework established by Law in their favor, the nature of law and the consequences of all kinds, which may lead to its failure. We have tried the same way, and with a critical and constructive spirit, show body of case law on the subject exists to date, with particular attention to the decisions of the Ilma. Provincial Court of the Balearic Islands. Conclusion The thesis reaches the conclusion that personal relationships grandchildren-grandparents are, first and foremost, a right of grandchildren, a right to own characteristics. A right that is raised as superior, and whose violation can bring civil and criminal consequences. A right which the law does not protect properly because it subjugates the will of the parents. A right that both the courts of the Balearic Islands, as the regional administration, even in times of great difficulty, recognized and guaranteed in almost all cases.