Our colleague and member José Luis Cembrano Reder, explains to us what, in his opinion, the two most important sentences handed down in Family Law have been throughout 2021:
Judgment on the hearing of minors: ROJ: STS 3299/2021 – ECLI: ES: TS: 2021: 3299.
Violation of the doctrine: “Neither the minors have been heard nor has it been resolved in a reasoned way about their audience.” It is true that neither party asked to hear the girls either in the first or second instance, but that does not mean that it should not be done. Neither was this action motivated, nor was it alleged that it was not mature or was inconvenient for the minor’s own interest.
The Supreme Court’s response: It estimates the cassation, annuls the sentence and returns the proceedings to the moment prior to the passing of the sentence so that the minors are heard and heard about their custody.
Note from José Luis Cembrano: Extreme surveillance of the hearing of minors requires means and that the processes be fast, which is not the case at all, and it does not seem that this issue is being solved but on the contrary. Judgment on the paradigm shift in the concept of the “person with disabilities”, as a result of Law 8/2021 on support for people with disabilities, issued by the Plenary, Roj: STS 3276/2021 – ECLI: ES: TS : 2021: 3276.
