May 24, 2023 10:39
12 mos ago
38 viewers *
Spanish term

no consensuados

Spanish to English Law/Patents Law (general) Family court ruling (Spain)
Heveryonei

This is from a court order issued by a Spanish Juzgado de Familia.

Page 1 - under the name, address of the court etc it says:


MATERIA: Guarda, custodia o alimentos de hijos menores no matrimoniales no consensuados 400/2017-A

My first thought was "Care, custody and maintenance of minor children born out of wedlock" - but then I am stumped by "no consensuados" which presumably refers to the "guarda, custodia y alimentos" not the "hijos".

I'd be very grateful for any clarification or suggestions.

Discussion

Julieta De Leo May 24, 2023:
That depends on the context.
'Disputed' gives the idea that some proposals have been made but there's controversy and the parties couldn't reach an agreement.
'No consensuados' may mean that 'the parties have not agreed upon xxxx YET'
Lucy Breen (asker) May 24, 2023:
disputed I'm thinking "Disputed care, custody and maintenance of minor children born out of wedlock" - is that too remote from source?

Proposed translations

11 hrs
Selected

being contentious matters (mutually non-consensual relief claimed)

I - having drafted consent orders or ones by consent for approval by the court - agree that such is the idea, though th ST / source /saucy (merely illegit. or cuckoo children?) text is, indeed. highly ambiguous.

Mutually non-consensual doesn't have to be a sexual offenc/se.

I agree that prefixing settles the syntactical ambiguity by re-structuring into 'Guarda, custodia o alimentos *no consensuados* de hijos menores no matrimoniales'.

Note the antithesis to Contentious Business in English law: Jurisdicción Voluntaria = Non-Contentious Business, rather than the ProZ nugget of 'Voluntary Jurisdiction'.
Example sentence:

Part IV surveys the forms of non-‐consensual international law currently available, including those that rely on soft law norms

Note from asker:
Hi Adrian - my comment about "no consensuados" referring to child custody rather than the children themselves was a little tongue-in-cheek! I think you share my sense of silliness - thanks for your insightful "diatribe"!
Peer comment(s):

neutral AllegroTrans : if you had suggested, simply, "non-consensual", I could have agreed. Instead, you give a confusing 8-word sentence and a silly diatribe
12 hrs
- you mean 'non-consensual matters' to refer back to three heads of relief unresolved. Otherwise, your 'silly comment' is sour grapes.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "I've opted for "non-consensual""
+1
45 mins

not agreed upon

Estimo que se refiere al acuerdo entre las partes para la custodia compartida, la guarda y la obligación de proveer alimentos.
Example sentence:

Can custody also be agreed upon? When and where? There are two possibilities: • The parents agree upon shared custody at the civil registry office (for instance, simultaneously with the birth announcement or the naming).

Note from asker:
Gracias por la explicacion Julieta. El sintaxis resulta dificil...
Peer comment(s):

agree Jacqueline Feldman
1 day 5 hrs
Something went wrong...
+2
2 hrs

not by consent

As opposed to "by consent"

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Note added at 6 hrs (2023-05-24 17:03:48 GMT)
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Note from asker:
Thank you - useful references, but I'm still working out how to solve syntax
Peer comment(s):

agree neilmac
5 hrs
thanks
agree Marie Wilson : Sounds convincing
6 hrs
thanks
agree Andrew Bramhall : Yes, keep it simple;
16 hrs
disagree Adrian MM. : > not by consent would refer to an entire decree and your ill-considered, top confidence level answer doesn't, syntactically or legally, resolve the issue of what is 'non-consensual' : the relief claimed or the illegit. children.
1 day 22 hrs
I think not by consent relates to the "Guarda, custodia o alimentos de hijos menores no matrimoniales" order
Something went wrong...
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