Urgent Interim Measures

Urgent interim measures in family law are judicial measures that are taken to immediately protect the interests and welfare of family members while a more extensive judicial process is underway.

These measures may include issues such as child custody arrangements, use of the family home, and maintenance, among others. They are requested to avoid serious and irreparable harm that could arise during the court proceedings.

Having lawyers specialised in urgent provisional measures is essential to guarantee effective and quick protection, as they have the necessary knowledge and experience to process these requests with the required diligence. In Madrid, these types of measures are frequently requested due to the high population density and the significant number of divorce cases and conflictive separations.

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Urgent interim family measures

Lawyers for urgent interim measures in family proceedings

At Winkels Abogados we specialise in urgent interim measures. The added value of our lawyers lies in their ability to provide expert legal advice and effective legal representation, ensuring that the rights of parents and children are protected throughout the proceedings.

In situations of conflict, such as divorce or separation, it is essential to have a lawyer who can act quickly to request the necessary measures to ensure the immediate welfare of the children and the family order.

At Winkels Abogados we not only have a thorough knowledge of the applicable legal framework, but we also possess strategic skills to present convincing evidence and arguments in court. In Madrid, the demand for these professionals is high due to the complexity and urgency of many family cases. In addition, our experience in international cases allows us to deal with situations where one of the parents or the children are located in different countries, which adds an additional layer of complexity to the process.

Urgent interim family measures

When are temporary orders requested?

Urgent interim measures are generally requested in the context of divorce, separation or marriage annulment proceedings, when there is a need to take quick decisions to protect family members, especially children. Such applications can be made both at the beginning of the court proceedings and during the course of the proceedings, if circumstances change and the need for further protective measures arises.

It is common for a parent to apply for these measures when they fear that the other parent may make harmful decisions to the children or when there is a risk of violence or abuse. They can also be requested in situations where immediate financial support or the use of the family home is needed for the welfare of the children. In Madrid, the speed and effectiveness with which these applications are handled is crucial due to the high density of cases and the importance of ensuring the stability and safety of those affected.

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Urgent interim family measures

What is the procedure for applying for family injuctions?

The procedure for applying for family protection measures begins with the submission of your application to the competent court. This application must be accompanied by evidence and arguments justifying the need for the measures. It is essential that the applicant, usually assisted by his or her lawyer, demonstrates that there are urgent circumstances requiring immediate intervention to protect family members.

Filing the application: The first step is to file a formal application with the court, detailing the measures required and the reasons for them.
Assessment of the application: The judge will review the application and the evidence presented to determine whether interim measures are necessary and urgent.
Hearing: In some cases, the judge may call a hearing to hear both parties before making a
Judicial decision: Once the situation has been assessed, the judge will issue a decision in the form of an order adopting the measures deemed necessary for the protection of the persons concerned.

Enforcement of the measures: The measures adopted by the judge shall be immediately

applicable and shall be maintained until a final decision is taken in the main proceedings.

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Urgent interim family measures

What family law provisional measures could be requested?

Parental Authority

Parental authority refers to the set of rights and duties that parents have over their minor children. In cases of divorce or separation, parental authority can be requested to be exercised exclusively by one parent if it is considered to be in the best interests of the child. This is particularly relevant in situations of risk or severe conflict between the parents.

Guardianship and custody

Custody determines with whom the minor children live. It can be shared between both parents or assigned to one parent. In emergency situations, it is crucial to establish temporary custody to ensure the well-being and emotional stability of the children. This decision can significantly influence the family dynamics during the divorce process.

Visitation arrangements with children

The visiting arrangements regulate the time and conditions under which the non-custodial parent can be with the children. These measures are essential to ensure that the children maintain a proper and continuous relationship with both parents. In cases of conflict, supervised access may be requested to ensure the safety and well-being of the children.

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Use of the family home

The use of the family home is generally assigned to the custodial parent to ensure a stable environment for the children. This measure is crucial to maintain the routine and safety of the children during the divorce proceedings. In urgent situations, the exclusive and temporary use of the family home may be requested.

Child maintenance

Child support is a financial contribution that one parent must provide for the basic needs of minor children. This measure is vital to ensure that children have access to adequate food, education, and other essential expenses. It can be requested as a matter of urgency when the parent responsible for maintenance is not fulfilling his or her obligations.

Litis Expenses

Litis expenses are the costs necessary to conduct a court proceeding, including counsel’s fees and other related costs. In situations where one parent does not have the financial means to pay these

costs, he or she can ask the judge that the other parent assume these costs on an interim basis. This ensures that both parents have a level playing field in the court process.

Prohibition on minors leaving the territory

This measure prevents children from being taken out of the territory without the consent of both parents or without judicial authorisation. It is particularly relevant in cases where there is a risk of international abduction. The application of this measure is crucial to protect the children’s right to maintain contact with both parents and to prevent situations of international conflict.

Contribution to household expenses (cargas del matrimonio)

Spanish spousal contribution to household expenses refers to the obligation of both parents to contribute financially to the common household and family expenses. In divorce or separation proceedings, an interim measure can be requested to ensure that both parents share equally in these expenses, thus guaranteeing the financial stability of the family environment during the proceedings.

Matrimonial property regime

The matrimonial property regime regulates how assets and economic resources are managed and distributed between the parents during and after the marriage. In situations of divorce or separation, interim measures can be requested to ensure a fair and equitable administration of assets, thus avoiding financial detriment to either party and ensuring the welfare of the children.

In conclusion, urgent interim measures in family proceedings are essential to guarantee the protection and well-being of family members, especially children, during a divorce or separation. Having lawyers specialised in this type of measures in Madrid and in international contexts is essential to ensure that the rights and interests of all those involved are adequately defended.

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Lawyers for urgent interim measures in family proceedings

When are temporary orders requested?

What is the procedure for applying for family injuctions?

Types of interim measures

Concurrent interim measures

Prior interim measures