FAMILY LAW – SANITARY CRISIS COVID- 19 VISIT REGIMES AND SHARED CUSTODY

There are many situations that are taking place on the occasion of the present Health Crisis in matters of Family Law that need an urgent response. Many clients contact us when conflicts and disputes arise that require a lot of temperance and responsibility between the parents.

There is no unanimous response from the Courts, nor obviously any kind of regulation in this regard. Many interpretations issued by recent Courts are in line with the recommendations of the Solicitors Colleges from different areas of Spain, as well as Courts of Justice from different provinces, which recommend:

1.- The parents must comply with the literal tenor of the judicial resolutions and comply with the declarations that the referred resolutions contain, punctually fulfilling them in all their integrity, without the exercise of parental authority allowing them to be expanded or reduced.

2.- As established in section e) of article 7 of RD 463/20 during the validity of the State of Alarm, people may only circulate through public use for the following activities:

“e) the assistance and care of the elderly, minors, dependent persons, persons with disabilities or especially vulnerable persons”, which implies that the drop-off and pick-up of minors is authorized by the State in order to comply with the judicial resolution . Parents should take court decisions with them, in order to justify their stay on public roads for the collection of minors. ”

3.- It must be remembered that the Courts have not suspended the procedural actions for the adoption of minors provided for in article 158 of the Civil Code, therefore, any question may be requested in order to avoid harmful or dangerous situations for children in front of their parents or third parties.

4.- In summary, it is clear that while this State of Alarm lasts, the visit regime and shared custody regime contained in the Judgment or regulatory agreement that has been signed between the parents must be maintained, based on the Legality Principle established in our Right, so that no parent may unilaterally suspend it, unless there is a manifest risk for the minor which must be clearly proven.

Therefore, from here, this Law Firm appeals to the responsibility of parents, encourage collaboration and responsible action so that minor children do not suffer any harm and the rights of parents can be exercised in the event of shared custodians without the least possible risk.