Issues with visitation rights affect both parents and minors. We must strive to resolve these conflicts through a sensitive, equitable approach based on mutual respect. Many parents forget that our priority must be the well-being of the child.
In practice, to avoid issues with visitation rights, the first step is to draft a sound Regulatory Agreement before starting the divorce process. This document must be clear, balanced, and precise, yet flexible enough to accommodate potential future scenarios.
If the visitation schedule is not followed, family mediation and/or attempting to communicate with the other parent are good options to consider before pursuing legal action. Should you decide to take legal action due to a breach of the visitation schedule, you may, for example, file for a modification of measures (Article 233-7 of the Civil Code of Catalonia). Prior to this, the breach must be thoroughly documented by gathering all evidence proving that the other parent is not complying with the established terms: messages, emails, etc.
If a modification of measures is requested without mutual agreement between the parents, it must be demonstrated that a substantial change in circumstances has occurred since the Regulatory Agreement was drafted. Depending on the case, this may lead to a change in custody or, in extreme cases, the suspension of visits or the establishment of supervised visitation, for instance, at a designated meeting point.
However, a process for the modification of measures can also be filed by mutual agreement between the parents.
Another key point in avoiding issues with visitation rights is to prevent the instrumentalization of minors during disputes. We must avoid using them as messengers, emotionally manipulating them, or allowing them to witness arguments. This can cause anxiety and stress that will impact their daily lives.
Finally, open, respectful, and constant communication between parents is a fundamental pillar in preventing issues with visitation rights. Both parents must work together for the sake of their children and resolve any discrepancies as civilly as possible. Adapting to the child’s needs will ensure their well-being and protect their emotional development. The key is to place the minor at the center and always act in the best interests of the child.
Anna Nicolàs Torán
Expert Lawyer in Family Law
Martínez & Caballero Abogados
