CUSTODY AND VISITS IN TIMES OF CORONAVIRUS. VISITING REGIME FOR PARENTS IN DIFFERENT PROVINCES

The situation we are experiencing with the coronavirus is changing us and is affecting the normal development of our lives on a daily basis. Just a few weeks ago, the acting president of the Generalitat, Pere Aragonès, agreed to the perimeter closure of Catalonia and for a period of 15 days, as well as municipal confinement on weekends.

Just a few weeks ago, the acting president of the Generalitat, Pere Aragonès, agreed to the perimeter closure of Catalonia and for a period of 15 days, as well as municipal confinement on weekends.

Is non-compliance with the visitation regime established by court ruling then justified? The answer is no.

The fact that we are recommended to stay at home for our own safety must be accompanied by compliance with the visitation regime established by court ruling, and even more so when the parents reside in different provinces. Failure to comply with the provisions of the sentence is not justified.

That is why the exchange of minors with the other parent must always take place. The agreed custody must be respected, as well as the established visitation regime. During these exchanges, it is important to justify the reason for the displacement of the parent who has the minors, to the home of the other parent.

In that case, we recommend that said displacement be justified with the following documentation:

  1. Certificate of self-responsibility for movement in and out of Catalonia due to the health crisis caused by COVID-19.

  2. Carry printed the sentence and the regulatory agreement in which the visitation regime is established.

For this, at Martínez & Caballero Abogados, we recommend that you always comply with the established visitation regime, justifying the displacement for the effective fulfillment of said regime, with the documentation stipulated for this purpose.

Anna Nicolás Torán

Family Law Attorney at Martínez & Caballero Abogados