They authorize a judge to resign from her post who could lose custody of her children

The plenary session of the General Council of the Judiciary (CGPJ) has decided to authorize a judge from the Canary Islands to renounce the position she had obtained in Galicia, after she alleged that she could suffer serious problems with the custody of her children, since her ex-husband opposes them leaving the islands.

In a brief statement, the CGPJ reports that it has reviewed its initial refusal of this official's request and emphasizes that it has done so "in a strictly exceptional and non-generalizable manner," due to a "supervening family circumstance" and, above all, upon verifying that no third party is harmed.

It admits, therefore, that "circumstances exist that allow for the declaration of the ineffectiveness of the award of the position obtained, as neither the cessation nor the taking of possession has occurred and no harm to third parties or alteration of public service has been generated."

The magistrate voluntarily participated in a transfer competition and obtained the position she was applying for in Galicia, but later informed the Permanent Commission of the CGPJ that she was renouncing that destination. However, this occurred after the resolution of the competition had already been published in the Official State Gazette (BOE).

The CGPJ does not provide further details about these supervening circumstances alleged by the judge.

However, these are detailed in a public complaint published on March 10 by the Association of Women Judges of Spain (AMJE).

This group protested the fact that the Permanent Commission of the Judiciary had rejected the magistrate's request, despite having a favorable report from the Equality Commission and, in their opinion, "powerful and supervening reasons for reconciliation and child protection" were present.

The magistrate's reason, the AMJE explained, was that, with the position already awarded and 24 hours before it was to be published in the BOE, her ex-husband had refused to authorize the change of residence for their children, "who are under the mother's care and custody, leading her to decide to renounce the transfer."

This group of judges already argued at the time that the magistrate's request did not harm anyone and that, on the contrary, denying it would have serious consequences.

"The decision that has been made (and which this Wednesday has been revoked by the CGPJ itself) leaves women judges facing the dilemma of having to decide between renouncing their judicial career, the only option offered, or putting their children's well-being at risk, in what has been a clear re-victimization of people who should be protected," it pointed out.