The Supreme Court has dismissed an appeal by a mother of two children and ordered that the children should visit with their grandparents one weekend a month. The order had in fact originated from the High Court in Badajoz which had directed that the children should stay one weekend a month in the home of their deceased father’s parents as well as a week long visit during the holidays each year and a spend time with them each week.
While the Supreme Court stated that it did not consider it appropriate for this measure to be adopted generally, neither could it be rejected indiscriminately. The mother of the children, appealing the decision of the High Court, argued that it was not necessary to establish obligatory visitation periods as she was already facilitating contact with the family in any case.
On the other hand the grandparents argued that the relationship prior to the death of their son, the children’s father, had been extremely close as they had previously lived above the family workplace. In this particular case the High Court had approved visitation rights that consisted of two hours weekly, one weekend each month and one week from their holidays each year.
The Supreme Court agreed with the decision of the High Court, reasoning that although it was not the first time that such visitation rights had been awarded to grandparents that it should only be considered with regard to the circumstances of the particular case.
In the particular instance before the Court, the judges decided that the visitation rights that had been awarded by the High Court were reasonably moderate and respected the rights of the mother but also the rights of the children to maintain contact with their paternal family, which is a stabilising and emotionally enriching factor in the children’s upbringing.
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