Child Visitation Rights in Spain

Who it is for

After a separation or divorce, contact with the children can become a problem. In recent years the family courts have been more willing to let relatives see the children even when those relatives do not have custody (the right to have the children live with them). This service is for people who feel their right to see the children is being unfairly limited.

Useful to know

• The child comes first. The main question is always what is best for the child's wellbeing and stability.
• Grandparents can ask the court. If the parents do not agree, grandparents can ask the court to set visiting times. The court looks at their past bond with the child, the child's age and their role during the divorce.
• Each case is different. The court looks at the child's physical and emotional health and any conflict with the parents.
• European view. The top EU court has said that visiting rights are not only for parents but can include grandparents, if it is good for the child.
• Limits. Visits may be refused if contact would harm the child, for example because of conflict, or if the grandparents have been absent from the child's life for a long time.

What happens

• A first talk with a specialist lawyer about your situation.
• The lawyer explains your legal options.
• The lawyer negotiates with the other parent for you.
• A binding agreement is written to set out fair visiting.
• If no agreement is possible, you are represented in court.