Seven-year old girl visibly upset while her mother is sat down next to her talking to her. Where is her father? How Spain’s family law handles child custody after divorce, especially for expat fathers. Parental rights, legal options, and real examples from Spanish courts.
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Learn how Spain’s family law handles child custody after divorce. Discover your parental rights, legal options, and real-life examples from Spanish courts.
Do dads get a raw deal in Spain? The custody fight raising big questions about fathers’ rights
When British father Jonathan Edwards moved to Spain, he never imagined he’d end up fighting for the right to see his own children – without even getting a day in court.
Now, after nearly two years locked in a legal nightmare, his story is fuelling a bigger debate: Do men have equal rights in Spain when it comes to child custody and parenthood after separation or divorce?
The Spanish system: fair or flawed?
On paper, Spanish family law treats both parents equally. Judges are encouraged to support joint custody wherever possible. But in practice? Fathers’ groups and campaigners say the system often favours mothers, especially in the early stages of separation when temporary measures can drag on for months – or even years.
Enter Jonathan Edwards, a British healthcare worker who’s spent the last 19 months fighting for contact with his children, while facing criminal allegations that were later dropped – and all without, he claims, ever getting to explain his side of the story in court.
“I was separated from my kids without any court order or explanation,” says Edwards. “No hearing. No interview. No proportionality.”
Locked out of the courtroom?
In September 2023, Edwards claims he was arrested and held in pre-trial detention for 54 days in Granada, but says he was never interviewed by police or the court.
He also claims the judge made decisions affecting his parental rights without ever hearing his version of events, violating his right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR).
By February 2025, all charges were dropped, and the courts apparently acknowledged that the allegations were false – but Edwards says the damage was already done.
“I lost nearly two years with my children. And even now, there’s no court order in place, no access plan, and no recognition of the mistake.”
A one-size-fits-all system?
Edwards believes the Spanish legal system uses a “template” approach to domestic disputes, rather than judging each case on its merits.
He also says that as a father, he faced gender-based assumptions, particularly around the concept of protection – where mothers are often seen as default caregivers, and fathers as potential threats.
While some Spanish judges do grant joint custody or equal visitation rights, activist groups like SOS Papá and Padres y Madres en Acción (PAMAC) have long argued that men are often sidelined in early custody rulings, especially when allegations – even unfounded ones – are made.
“Men are guilty until proven innocent,” Edwards says. “And even when proven innocent, you might never see your children again.”
Legal aid lottery?
Making matters worse, Edwards says he was blocked from representing himself and assigned legal aid lawyers who refused to argue his case under the ECHR.
One lawyer reportedly told him the European Convention on Human Rights was “foreign law” and not applicable in Spain.
“The legal system isn’t built for people who actually understand their rights,” he said. “It’s built to wear you down.”
A bigger question for Spain
Edwards’ case is just one example – but it taps into a growing unease among Spanish and foreign fathers about how family courts operate.
Are child custody decisions truly balanced?
Do temporary rulings become permanent without proper hearings?
Are protective measures being used appropriately – or indiscriminately?
Some women do abuse the system – but the real problem is that the system often fails to tell the difference.
Spain has made strides in recent years, with some regions promoting co-parenting and shared responsibility. But campaigners say much still depends on the judge, the province, and the prevailing assumptions about gender roles.
A call for reform – or at least attention
Now free, but unable to work due to police records still held on file, Edwards says he’s focusing his efforts on Padres por Justicia (Fathers for Justice Spain), a human rights advocacy platform calling for legal reform and accountability.
He’s appealed to the European Court of Human Rights – though his case was deemed inadmissible due to not having exhausted all legal routes in Spain.
He hopes his story will serve as a wake-up call.
“I’m not asking for special treatment,” he says. “I’m asking to be treated like a parent – not a suspect.”
The bottom line:
Spain may say it supports equal parenting. But when fathers like Jonathan Edwards are left without access to their children, and without a proper day in court, you have to wonder – is the system really fair?
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