Many families travel back to their home countries at Christmas or come to Spain to visit parents and siblings. If children of the family are living with one parent who has custody and visiting another parent it is very important to have an agreement before the holiday period.
It is much better to have the agreement in writing and/or to have evidence of the return travel. A situation where one parent is not sure when the child is returning or where there is uncertainty about the times and duration of the visit can lead to stressful situations which are very unsettling for the child and can create unnecessary conflict between the parents.
For example if a mother has custody in England, Holland or any other country and the father lives in Spain the child might be coming to Spain to visit for a week or longer. Where there is a court order the parents must abide by the order. However in many cases there is an informal arrangement but a situation can suddenly arise if something is not formally agreed beforehand.
Sadly, and all too often, formalising the agreement in writing is considered unnecessary until it is too late and a conflict arises. In the worst cases this can lead to lengthy and costly court proceedings under the Hague Convention on the abduction of children where one parent is suddenly deprived of contact or visits.
More happily many parents see the importance to the children of having stable and regular visits with the parent who does not have custody. If the parents don´t want to take the matter to court an agreement can still be signed before a notary public in Spain or a couple can enter into a statement of arrangements for children in their home country to prevent conflict arising. It is best to seek legal advice to make sure that any agreement you reach would be approved by a court if any conflict does arise.
Prevention is not only better than cure but can also help to reduce any tensions by having a fixed pattern of visits which benefits the children and the parents. Should you require any more information or to discuss the matter with a lawyer please contact [email protected]