Goliath defeated David.
The court of first instance number 4 of Pozuelo de Alarcón, Madrid, in charge of the case that faced Nacho Palau against Miguel Bosé in his claim for the filiation of the four children of the ex-partner, has issued a judgment against Palau's requests.
The lawsuit, whose main objective was to recognize the filiation of the four children as brothers and children of both parents, has been dismissed at this point, although the judge has considered the subsidiary petition: establish a visitation regime for the two children of Miguel Bosé, Diego and Tadeo, and the two who are biologically of Nacho Palau, Ivo and Telmo, and he recognizes that this regime is not only between the four children but also with respect to their respective parents.
In the statement issued by the Ortolá Dinnbier office, Nacho Palau's legal representative, affirms that the sentence does consider possession of the state and indicates that the shared purpose of Bosé and Palay of “having children to found a single family in the that the children would be siblings and both would be parents, but he understands that our current legal system does not allow the formal declaration of filiation requested ”.
In the same statement, issued by his lawyer at the request of Palau, it is reported that the ex-boyfriend of Miguel Bosé for 26 years “continues to trust that justice will be done to all his children and for this he is preparing to present an appeal against said sentence ”.
The obvious pain of the sentence does not mean that Palau is giving up its claims because throughout this process it has always been very clear that its objective was to ensure that the "real truth was imposed as legal truth."
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#brothers forever
A post shared by Nacho Palau (@nachopalau) on Oct 18, 2020 at 4:51 am PDT
Neither Palau nor his lawyer, José Gabriel Ortolá, were oblivious to the difficulty involved in the case, since it required a freedom of complex legal interpretation that could also start the way to establish jurisprudence for other similar cases, in which the situation of the New families that are in fact being created in society go beyond the legal framework that currently regulates them.
Diego, Tadeo, Ivo and Telmo were born through surrogacy, when their two parents decided to do it almost at the same time to start a family, according to the version that Palau has always maintained and that Bosé denied in court.
But the circumstances of the chosen procedure led to the birth of two pairs of twins who are only seven months apart and who lived as brothers for almost eight years, until their parents decided to separate.
Later the story is much better known.
After trying to reach an out-of-court agreement that recognized Palau's claims - that the four children are siblings with equal rights and that both parents are siblings of the four, also with equal rights and obligations and the ability to decide on the fundamental decisions of the four children - and given Miguel Bosé's refusal to go beyond the four children living together and it was he who took care of them without having to legally admit that they were all brothers and that his ex-partner also had something to say about all of them children, the legal representatives of Palau issued the first statement that made this story known.
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A post shared by Nacho Palau (@nachopalau) on Oct 31, 2020 at 3:58 am PDT
With him, the world learned - not his family and friends - that Miguel Bosé and Nacho Palau had been a couple for 26 years and that the four children that the singer had always presented as his own belonged to both and in the circumstances that have arisen. previously described.
By then the artist lived in Mexico, with his two biological children, and his ex-partner in Chelva, a town in Valencia, with his family.
For almost two years the children only saw each other electronically and it was in the summer of 2019 when both parties reached an agreement so that, during the summer holidays and the periods that Bosé's children spent in Spain, they would share time together and also respectively with one and the other parent.
Now the higher courts will have to clarify the appeals that are presented on this sentence and meanwhile the four children and the two parents involved in this process, will have to accept the consequences on all of them of the passage of time that the judicial processes entail, especially dangerous in the case of four 10-year-olds who live most of the time 9,000 kilometers apart.