What is Abandonment?

Abandonment is the act and consequence of abandoning. This verb can refer to leaving something or someone, moving away or neglecting it. For example: “The old man lived in a state of absolute abandonment”, “The abandonment of dogs on public roads is a very important problem for this city”, “The neighbors are outraged by the abandonment of the cultural center by the authorities “.

When the concept is linked to a living being, it is associated with helplessness. Suppose a woman who has just had a child places the baby in a box, leaves it at the door of a church, and leaves the place. This reprehensible action supposes the abandonment of the child, since the little one will not have the care that its parent should provide.

A man who decides to kick his cat out of the house because she got pregnant will also be performing an act of abandonment. The animal, which was this person’s pet, should start looking for food that was previously given to them in their home.

In the field of public policies, abandonment refers to the lack of attention to a certain space or topic. If a government stops investing resources in the care of a park and it begins to look dingy and full of garbage, the authorities can be said to have abandoned the green space in question.

If we focus on the right, abandonment can refer to the renunciation of exercising a certain right (such as the possession of a property) or the lack of compliance with a legal obligation to another person (such as the case mentioned above lines of the mother that does not provide the care you owe to your child).

Within this area, we find what is known as family abandonment. This is a crime that is considered to be carried out by the spouse who leaves the family home and ceases to contribute, although she has that duty, to the financial maintenance of it and, above all, of her children and partner. Hence, it is this that is obliged to report the case to the police and judicial authorities, so that the relevant proceedings are opened and the person responsible assumes her duties as such.

However, there are exceptions to this situation. Specifically, we mean that it will not be considered as family abandonment if, despite leaving home, you continue to pay the corresponding economic amount or if, within a maximum period of one month after leaving, you proceed to file a claim for separation or divorce.

In the same way, within this set of exceptions it is also that the person who leaves has made him obliged to protect his life, if he was a victim of domestic violence.

In addition, there is the circumstance that a couple may decide to separate for a while to think about whether to break up permanently or not without either falling into this crime.

Previously, in the legislation of Spain, there was also the crime of leaving the family home, but for a few years it was eliminated. Hence, now there is no problem that the spouses can live in different houses.