This judgment, handed down recently by the Provincial Court of Madrid, recognises a high compensation in favour of the father, specifically 61,982 euros, plus legal interest, taking into account "the profound pain and emotional emptiness caused by the facts that have given rise to the proceedings, accompanied by the frustration of the existing family life project".
The court decision takes into account the following circumstances: a) three years after the beginning of the relationship and while dating, the child was born, and the couple married a year later; b) during the engagement, the woman had relations with a third person; c) after the separation of the marriage and shortly after the divorce judgment was issued, the mother informed the father of her doubts as to whether he was the father of the child; d) a paternity test was carried out and the father initiated proceedings to contest the filiation, and a judgment was issued in which it was declared that he was not the biological father of the child.
The Chamber expressly indicates that in cases such as this, in which one of the partners engages in conduct such as concealing such doubts, which causes damage or emotional pain, it must be classified as negligence, as he or she did not act with the diligence that the case required, and is responsible for the damage caused to his or her ex-partner.
Furthermore, the woman must bear the costs that her ex-partner had to bear in order to dispel the doubts about the paternity of the child she believed to be her biological child (lawyer's and solicitor's fees in the proceedings to contest the paternity). Read more.
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