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.