CASE STUDY: REQUEST FOR A CHANGE OF SCHOOL FOR A STUDENT, WITHOUT PRIOR AGREEMENT BETWEEN HIS DIVORCED PARENTS. THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD.
Published 2024-04-29
Keywords
- protección jurídica del menor, interés superior del menor, cambio de centro escolar, matriculación provisional, padres/madres separados o divorciados.
- child legal protection, best interests of the child, change of school, temporary enrollment, separated or divorced parents.
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Copyright (c) 2024 Juan Manuel Núñez Lozano
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Abstract
There is a case described in which the principal of a state school receives a request for enrollment of a four-year-old child from his mother, who provides a court document that includes precautionary measures to protect the child from his father.
The principal allows the child's enrollment despite the father's objections, prioritizing the child's welfare over the father's rights, according to the principle of the best interests of the child and current legislation.
The assigned inspector urges the principal to allow the father to present documentation in his defense and to inform the mother of her right to do the same. After analyzing the documentation provided by both parents, the inspector concludes that the protection of the child should prevail over the rights of the father. Emphasis is placed on the importance of the principle of the best interests of the child as it relates to his welfare. This decision is in accordance with current legislation, which prioritizes the best interests of the child.