How are visitation rights regulated when parents live in different cities or countries?

When parents separate and have children in common, a system of visits has to be set up. That way, the non-custodial parents can enjoy being with their children. The issue is complicated when the children’s parents reside in remote places.

When addressing the visitation regime, we must determine who is responsible for travel expenses in order to see the youth.

We must clarify that the law does not regulate how the visitation regime should be organised, when parents live far away.

We have already assisted many of our clients in this subject at the Pérez Parras Economists & Lawyers Firm in Malaga and Nerja. Do not hesitate to consult us and we will study your case carefully.

Child Custody / visitation rights

What did the Supreme Court establish in 2014?

If the parents have not reached an agreement beneficial to the child in this regard, a visit regime should be determined.

In the cases in which the visit regime involves a displacement, it will be necessary to weigh the concurrent circumstances in order to establish the most appropriate measures for the child’s interest.

Hence it is mandatory to determine:

• The frequency and duration of visits.
• If the parent or the minor has to travel.
• Who assumes the expense of that journey.

To take into account circumstances as diverse as:

The age of the minor.
The economic resources of the parents.
Their work, their profession,
The distance between the homes of both parents …

Therefore, it will always be necessary to follow and understand  the specific case, the interest of the minor and the equitable distribution of charges.

There are several sentences of the Supreme Court that have given us some clues about how the visitation rights can be organised when the parents live far away. Let’s see a couple of them:

First example:

a specific case of separated parents, with scarce economic resources, who lived 30 km away, with a common 4-year-old son. In 2014, the Supreme Court determined that an equitable distribution of the charges was applicable. That was due to the minor’s interest and his right to spend time with his father. To facilitate visits and distribute the charges, each parent was held responsible for the collection of the child at the other parent’s home.

Second case:

a young girl whose non-custodial father lived in the United States. In 2017, the High Court set up the visit at the father’s choice, either in the USA or Spain. And, if the girl had to move to the USA, the mother would have to authorise the girl’s flight. In this case, using the service of assistance for minors provided by the airlines.

So far, we have only seen two examples of how the visitation regime is regulated when the parents reside in remote places. There are many others.

Our Office will help you with visitation

Most importantly, the Pérez Parras Economists & Lawyers Firm in Málaga and Nerja  has lawyers specialised in family law who can advise and assist you throughout the judicial procedure related to problems that may arise in the family environment, such as visitation rights.