given that the appellant had informed both the court and her ex-husband in advance of the impossibility of complying with visitation rights for reasons of work... there should be no sanction
A Spanish woman who moved to Badajoz in Extremadura for the purposes of completing work experience in the company she worked for had an earlier decision by the court of first instance overrules and the €150 fine withdrawn.
The woman, originally from Santander had argued that she had to move to Badajoz for a period of three months as a result of necessary work experience required of her by her employer. The provincial high court agreed that, given that the appellant had informed both the court and her ex-husband in advance of the impossibility of complying with visitation rights for reasons of work and that visits had recommenced upon her return that there should be no sanction.
The court also highlighted the fact that despite the fact that the appellant had signalled in advance the temporary change of address, that the complainant – her ex-husband – had not made any official complaint at the time although he did do so on various occasions later on.