The Síndic de Greuges (ombudsman) of Barcelona has denounced an action that, in a way, perhaps one could say is from an alienated mother. The issue is that after his divorce and possession of the custody of his son, this mother has asked the school to which the child goes to not give the father, who also has the child's authority, the work he does in school. The mother's allegation is that, that it is she who has custody.
The school has followed the instructions of this mother and the worst is that the Ministry of Education advises that in case of disagreement of parents, the "opinion" of the custodian prevails.
We wonder what is wrong with a father or a mother who cannot enjoy the day-to-day life of his son, wants to own some of the work he does in school? Maybe someone can answer us, but for now we cannot understand it. As the Síndic states, "it is not consistent with the regulation of the power contained in the Family Code, which establishes the joint exercise of the power as a general rule." The Family Code "establishes that in case of disagreement over the exercise of the power, the judicial authority decides, and that the guardianship obligations must be exercised for that of the two, father or mother, who at every moment has the minor with him ”, Either because it is assigned in fact or in law, or because the child is in your company as a result of the visitation regime.
This implies that if it is the father who is responsible for picking up the child at school and the work is delivered, it is in full right that they be handed over, for the time being, until the judicial ruling is known.
It makes no sense for the parent who does not have custody, but who has authority over his son (although we read that even if he does not have the power), he has access to keep track of the studies and not of the work done.
