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Child Custody in Spain – in the age of Coronavirus

The current coronavirus pandemic is not only creating a medical and economic crisis but is also having a severe impact in everyday issues that are governed by law.  One example is in relation to parental visitation rights impacting on the parent that is not entitled to custody of the children.

Specifically, the Real Decreto 463/2020, de 14 de marzo de 2020 which established the state of emergency in Spain, (published in BOE on March 14th 2020 and valid from that time until April 11th), prohibits travel save for any of the reasons established in a list contained in the legislation. One of these reasons is: the care of children. How does this affect the visitation rights and week-end stay overs?

The CGPJ (Courts government organ for whole Spain) has decided that each individual case should be studied and decided on an individual basis by the Court that issued the decree relating to the custodial terms. This leads to contradictory decisions depending in the city where the Court is. I.e. in the city of Alicante, the Family Courts have decided the visits and week-end stays are forbidden by the rule; to the contrary, the Court nº 3 of Villajoyosa has decided that the terms of the custodial agreement, and so visits and stay overs, must be obeyed.

The CGPJ and the individual Courts encourage the parents to get agreements to join the days of the visits to prevent too many comings and goings to take and give back the children; they encourage communication via Skype and the like between the non-custodial parent and the child.

If you are to taking or giving back your child,  don’t forget to bring along a copy of the custodial decree from the Court and a copy of any special agreement, to show to the police if you find yourself detained at any time.

If you are denied the right to visit or enjoy your week-end stay with your child, then you should be aware that this matter is not adjourned or affected by the Court activity in any way, so you can ask your Lawyer to apply for child protection measures to enforce and adapt the custodial decree.

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Modification of Family Law Court Orders

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

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1Who is this Service for?

An order may be made by a family law court to alter the living arrangements of a family, such as conferring the custody of the children on one or other parent, or indeed any other such order as it considers necessary to protect the interests of the children.

Either of the parents may wish to challenge this ruling – either at the time the Court Order is made or later, upon a change in circumstances of any or all of the parties involved.

2What does this service consist of?

  • An initial discussion with an experienced English-speaking family lawyer to discuss the particular circumstances of your case, including a review of the initial Court Order
  • Determination of your legal rights and those of the children as well as the legal options that you have to formally request a modification of the original Court Order
  • Presentation of the formal request and representation in Court to pursue the modification of the original Court Order.
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3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

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