The nest house system: advantages, disadvantages and the inappropriateness of its imposition without the agreement of the parties

Abstract

In the resolution of marital crises involving children, the custody and guardianship of the children must be taken into account. One of the models that have been studied for some time is the nest house system, in this article we analyse the advantages that we find very few compared to the difficulties that the parties must assume, without pointing out the need for a very strict commitment and respect between the parties so that the model could be efficient. The key to establishing child custody and guardianship is the best interests of the children, so the circumstances of each case must be evaluated in order to indicate the best model for each situation, without taking into account that extrajudicial means, such as mediation, are the best for establishing models as sensitive as the nest home model. For this reason, we analyse Supreme Court Ruling 1312/2024 in which the imposition of the nest house system in the allocation of the family home in shared custody without the agreement of the parents is declared inadmissible.