The exceptional situation that Spain and the rest of the world are experiencing right now is changing the lives of all people in all areas. There are numerous queries that we receive from legal professionals regarding compliance with the visitation regime or shared custody in this health crisis situation.
Well, it should be noted that both parents must ensure the interest of the child and, as far as possible, for compliance with the judicial decisions that govern the custody and visitation regime in each case.
María Dolores Lozano, president of the Spanish Association of Family Lawyers, stresses that “if the resolution in force is impossible to comply with under extraordinary circumstances, because a risk to the children is objective, the parents can agree to any change temporarily without the need for judicial approval”. However, the state of alarm does not allow a custodial parent to unilaterally alter the visitation regime established in a judicial resolution except for serious and exceptional reasons that must be proven.
The approval of Royal Decree 463/2020 of the 14th of March, declaring the state of alarm for the management of the health crisis situation caused by COVID-19 establishes in its article 7 limitations on the freedom of movement of persons, which does not affect -in general- the validity and execution of the shared custody or visitation regime. However, gradually the Family Guard Court of the different judicial parties will dictate contradictory resolutions in this regard, making different interpretations.
Therefore, our team of experts in Family Law offers the following recommendations:
From Balms Abogados we are at your disposal to answer any questions in this extraordinary and exceptional situation that we have to live.