Does it happen to you that you have a judicial resolution that establishes in the visiting arrangements the periods in which you will be with your children, but you see yourself separated from them by your ex-partner but you can’t get its enforcement?

In order for the parents to continue fulfilling their functions, after the divorce, and thereby exercise parental authority, filial parental measures are issued in the Family procedures that establish joint custody, or visiting arrangements that allow the non-custodial parent relate to his children.

But, sometimes, these court decisions are not enough for the father to see, be and communicate with the children, since the custodial parent, or the non-custodial parent, or even the child, prevents compliance with the visiting arrangements.

For some non-custodial parents, the visiting arrangements is a burden, and proof of this is that they quickly place the minor with their grandparents, or during the summer holidays they are directed to activities to occupy the hours of the day.

What are the obligations that the non-custodial parent must fulfill with the visiting arrangements?

– Pick up and deliver the child at the beginning and end of the visitation periods established in the court resolution,

– Comply with their parental obligations,

– Guarantee that the minor has suitable conditions in the father’s family home

And what are the custodial parent’s obligations to visitation?

• Prepare the minor for stays with the other parent who only has visits. What the custodial parent should not do is hide behind the fact that the child does not want to go to his father. Because, a parent who hinders the relationship of the child with the other parent is not complying with his/her parental obligations.

The Order of the Provincial Court of Barcelona, ​​Section 12, of May 4, 2012 clarifies that just as the mother guarantees her daughter’s right to feed herself, as well as the right to train by going to a school, indicating that if the mother does not comply with these obligations, custody would be withdrawn from her, and, equally, if the parent who has custody does not have the appropriate skills to guarantee the child’s relations with the parent who only has visits, it is possible to raise this situation before the courts to challenge the custody and custody system that has been established. And, the Order of the Provincial Court of Barcelona clarifies, in greater detail, that “to allow the impulses of rejection of a girl or adolescent towards the father or the mother, or to give in to the whim of puberty of such transcendence as the elimination of the paternal or maternal figure, is to breach the obligation to transmit an education in values ​​that is the primary responsibility of the parents. “

Therefore, court decisions that establish a custody or visiting arrangements must be respected by the parents and by the minor, based, mainly, on the minor’s own best interests. And if the circumstances change and the interest of the minor must be another, the procedure of modification of measures must be followed. Meanwhile, it is the sentence that has established the measures to be followed that must be fulfilled by all parties.

The court decisions may not be sufficient for the father to see, be and communicate with the children, since the custodial parent, or the non-custodial parent, or even the child, prevents compliance with the visiting arrangements.

What is the practical problem that non-custodial parents confront with in the face of difficulties when visiting their children?

The practical problem is that the sanctions contemplated in our Civil Code for non-compliance with the father or mother’s visiting arrangements are:

– The fine, or

– The change of custody in the face of repeated cases of non-compliance.

But it is well known by our judges and courts that those sanctions doe not prevent further breaches and, furthermore, they encourage confrontation between both parents.

And in the case of the change of custody, if it is requested by means of a modification of measures, it will take a long time to be adopted, in addition to the fact that there will be many times the doubt as to whether the breach was due to the father, the mother or the child himself.

Although non-compliance with the visiting arrangements may be caused by the custodial parent or by the child, on other occasions it may be caused by the non-custodial parent, that is, by the parent who is assigned visits. For some non-custodial parents, the visiting arrangements is a burden, and proof of this is that they quickly place the child with his/her grandparents, or during the summer holidays they are assigned to activities to occupy the hours of the day. These circumstances, together with the poor relationship between the parents, lead the minor to refuse visits with the non-custodial parent due to the discomfort they feel.

If you need to manage your separation or divorce, or if in view of the difficulties to be able to make the visits you need to execute the definitive measures of visits that were established in the sentence, do not hesitate to contact the lawyers of the Pérez Parras Economists & Lawyers firm. We have offices in Malaga capital and Nerja, and we are experts in Family Law.