Problems with visitation affect both parents and children. We must try to resolve these conflicts from a sensitive, equitable approach based on respect for all. Many parents forget that what we must prioritize is the welfare of the child.
In practice, to avoid problems with the visitation regime, the first thing to do is to draw up a good Regulatory Agreement before starting the divorce process. This document must be clear, balanced and precise, but at the same time, flexible to possible future scenarios.
In the event that the visitation regime is not complied with, before going to court, a good option is to contemplate family mediation and/or try to talk to the other parent. If you decide to go to court, in the event of non-compliance with the visitation regime, you can, for example, file a procedure for modification of measures (article 233-7 of the Civil Code of Catalonia). Before doing so, we must document the non-compliance very well, that is to say, collect all the evidence that justifies that the other parent is not complying with the established: messages, emails, etc.
If we request a modification of measures without agreement between the parents, what we must demonstrate is that there has been a substantial change of circumstances with respect to the time when the Regulatory Agreement was drafted. Depending on the case, this may entail a change of custody or, in the most extreme case, the suspension of visits or the establishment of supervised visits, in a meeting point, for example.
However, it is also possible to file a proceeding for modification of measures by mutual agreement between the parents.
Another key point to avoid problems with the visitation regime is to avoid the instrumentalization of the children in case of dispute. We must avoid using them as messengers, manipulating them emotionally and making them witnesses of discussions. This can generate anxiety and stress that will have repercussions in their daily life.
Finally, if we have open, respectful and constant communication between the parents, this will be a fundamental pillar that will avoid having problems with the visitation regime. Both parents must work together and united for their children and resolve any discrepancies in the most civilized way possible. Adapting to the child’s needs will ensure his or her well-being and will not affect the child’s emotional development. The key is to put the child at the center and always act in the best interest of the child.
Anna Nicolàs Torán
Lawyer and Family Law Expert
Martínez & Caballero Abogados
