• The decision They withdraw the custody of her son from a woman who took him to live in the "deep Galicia" without permission from the judge

The controversial sentence with which a judge from Marbella (Malaga) withdraws custody of a mother who lives in the "deep Galicia" and gives it to the father, who resides in the "cosmopolitan" capital of the Costa del Sol, hides much more than the unfortunate assertions of the magistrate.

Behind it is the behavior of a mother with a "closed attitude" who took her 13-month-old son from the town of Malaga where he lived to a village in A Coruña without prior judicial authorization and with the "repeated and express opposition" of the father. Furthermore, he did so in compliance with threats that he had been making for a long time.

"My son doesn't paint anything with you at all" or "I'm going to do my best to keep him as far away from you as possible" are some of the threats that the woman had sent to the boy's father through WhatsApp audios. The judge, in a car to which EL MUNDO has had access, also sees in the woman "an inadmissible hostility and lack of respect, with insults and laughter out of place" and details messages such as "son of a bitch", "damn son from the devil. That you're rotten inside "or" Fuck you in fucking hell. Die. Disappear. Do us that favor. "

The judge highlights the advantages of Marbella, which has "all kinds of infrastructures", with "all kinds of schools to educate a child, public or private", with "a good Hospital", in which, in addition, its father as a doctor, and that offers "multiple possibilities for the adequate development of a child's personality and for him to grow up in a happy environment" and contrasts it with the "very small population in deep Galicia", to which the mother, in the Coruña town of

Muros

, "far from everything, in which not even the mother has job options", showing a lack of knowledge of the Galician reality that has earned her numerous criticisms.

The father, "greater stability"

However, these findings, which have earned him a complaint to the General Council of the Judiciary (

CGPJ

) by the mother's lawyer, are only part of the argument and not the main reasons for the judicial decision.

The magistrate withdrew custody of the woman, considering it the "most appropriate" measure in attention "to the best interest of the minor."

It establishes the father as the "main caregiver" for being the one who has "greater stability at all levels in order to better serve the interests of the child", which it considers has been demonstrated since the child's birth, since it has been with him, on time full, for six months, paternity leave for four and an extraordinary one for two.

In addition to detailing his situation of permanent employment and stable income as a rehabilitating doctor, it also shows, as an example, that since the mother took the child without permission in September, she reminded him several times that he should give him the 12-month vaccination and she did not he ignored him and argued that he couldn't because he didn't have a car.

The threats and insults of the woman through text, WhatsApp audios and emails have a lot of weight in the judicial decision, but also the "capricious, selfish, immature, aggressive and disrespectful" attitude of the mother, and that, according to the Judge,

María Belén Ureña

, "has not proven any cause that justifies the transfer of the minor to Galicia."

The "closed" attitude of the mother

Likewise, it highlights its "closed" attitude and nothing predisposed to agreement. Although the father asked for sole custody, he offered to share it because "it was not his intention" to separate the child from his mother "and he understood that" he must be with both parents ", as long as, yes, the mother return to Marbella. However, she asked for sole custody and custody and an alimony paid by the father in the amount of 1,200 euros per month.

After analyzing the WhatsApp between the two, the judge highlights that, after the father's repeated and desperate pleas that he cannot leave with the child, she was immovable: "He is my son", "he comes with me", "to the child I have raised him and since with me he will not be with anyone "," there is nothing to discuss "," it has already been discussed "," and the decision made "or" I cannot share custody "," the sooner you accept it, best for everyone. "

No intention of working

In line with this circumstance, the judge ugly to the mother who has shown the "null intention of looking for work", because "she intends to spend two years raising her son because she has the economic benefit of 1,200 euros that she has requested from the father ".

The magistrate reproaches that all this "even though she is 30 years old, she is an interior designer and she should try to seek professional stability to be able to meet the future needs of the minor."

In WhatsApp she acknowledged: "I don't want to take him to kindergarten. At least for the moment. I can and want to raise him myself" and "for the moment, for the next two years, my job will be solely and exclusively to raise my son. and take care of my grandmother. "

The judge granted sole custody to the father and establishes a visitation regime in which the mother may have her child on alternate weekends and the Christmas, Easter, White Week and summer holidays will be distributed, and the child may be in Galicia.

Travel and stay expenses will be paid by both of them -60%, the mother, and 40%, the father-, in view of the mother's current employment situation, with the possibility of finding a job, and the absence of expenses when live at his mother's house in Galicia.

The judge adds that she has been "responsible for having caused this family situation" and establishes that she must pay the father 150 euros of pension.

"Gender bias"

The court order makes an express allusion to the current trend of prosecuting a case with a gender perspective, which starts from the right to effective equality of women and men, and concludes that "it is not necessary to assume that a mother, for the The fact of being a woman and having given birth to a child, that is, for purely biological reasons, is more capable or has special qualities or abilities to take better care of a child ", especially if it is young.

If we admit this, she points out, "we would be perpetuating the role of women in the patriarchal society model", in force for so many centuries, in which their position has been secondary or subordinate to that of men, by the mere fact of being woman, that is, in regard to sex, which "supposes a gender bias."

According to the criteria of The Trust Project

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