Through the visiting regime, after a separation or divorce, is established the relationship of the non-custodial parent with the minor children. That is, it is agreed, the time that will be with them: holidays, weekends, etc. But unfortunately, there are numerous inquiries that we receive in our law firm, in relation to the breach of the visiting regime.
Breach of the visiting regime by the custodial
Unfortunately, not on all occasions, the parent who has custody of the minor help the fulfilment of the visiting regime. It is essential that all parties care and look out for the interests of minors. Among them is the relationship with the father or mother, who does not have custody.
Represent a breach of the visiting regime, for example:
– avoid visits from the non-custodial parent; making them coincide with extracurricular activities, with social commitments, etc.
– avoid or make difficult the communications.
Consequences and civil liability for non-compliance
Failure to comply with the obligations related to facilitating the visitation regime may entail the modification of the custody of minors. In some cases, even the loss of the custody.
But, in addition, Spanish courts have declared that the parent hindering visits and contact with the non-custodial parent, could be claimed for a compensation for civil liability.
But, to claim such compensation, the claimant must prove that all the legal requirements are met. That is, who is responsible, causal relationship, existence of damage, etc.
Necessity of the existence of the damage
For the claim for civil liability, it is essential the existence of damage. The loss of a relationship with a minor can cause obvious moral damage.
As the court precedents have said, depriving a father or mother of contact with the children can cause physical and psychological damage, And can affect the “integrity, dignity or freedom of the person, as basic goods of the personality.”
It is required that damage is relevant. That is, it will not be enough, with a specific or sporadic breach. It must be a repeated, malicious and intentional attitude by the other parent.
The existence of patrimonial damage is also possible. For example, loss of money paid for holidays, travel expenses for a visit that does not take place, etc.
Obviously, parents must make an effort to protect minors. They must try to ensure that the visiting regimes agreed by the parties or the judges are complied with.
Well, repeatedly hindering or preventing the visits of the non-custodial parent, can create serious harm to minors. And equally, to the father or mother, who cannot develop an adequate relationship with them.
If you have doubts about the divorce or separation procedure in Spain. If you want legal advice, on breach of the visiting regime, or other related matter, check our family law services and contact us to receive legal advice.
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Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
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