Courts take over a year to settle child custody for unmarried couples

Couples who break up without being married now wait an average of over 13 months in Catalonia's courts for decisions on the custody and care of their children.

This is the main finding from data provided by the General Council of the Judiciary (CGPJ) and consulted by the Catalan News Agency (ACN).

Waiting times have doubled over the past two decades, driven by a 150% increase in these cases, rising from 2,500 in 2005 to over 6,000 in 2024.

Meanwhile, the number of judges has remained largely unchanged, contributing to long delays, with more than 4,000 cases still pending each year.

The biggest surge in custody cases for non-marital couples occurred between 2014 and 2019, with a record 7,123 cases recorded before the Covid-19 pandemic.

Cristina Díaz-Malnero, member of the ICAB governing board and family law specialist, identifies two main reasons behind this growth.

The first, she explains, is that "couples are separating more often and earlier," particularly among younger couples, which increases the proportion of separations requiring a court to determine child custody.

The second reason, according to the expert, is that women are now "less economically dependent on men and tolerate fewer differences in the relationship."

This shift is reflected in the fact that around 40% of new cases entering the courts are contested separations, where one partner initiates judicial proceedings to settle the terms of the breakup.

These are the cases that take the longest to resolve, currently averaging nearly 14 months.

At the same time, the expert argues, men "have also become more involved in family care and want to spend more time and attention on their children."

"Society has evolved in understanding that caring for a family is both a right and an obligation for both parents," she explains.

In fact, shared custody now accounts for more than 60% of custody assignments in divorces, compared with less than 30% in 2013.