Recommendations on child custody and visits during the state of emergency in Spain

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Following Royal Decree 463/2020, which declared the state of emergency in Spain, please see below some recommendations on child’s guardianship, custody and visits in case of divorce and parent-child relations:

1.- Parents must comply with the sanitary measures and always look for the minor’s best interest.

2.- According to article 7 of the Decree regarding exceptions to mobility measures, Court orders or mutual agreements about delivery of the minor to the custodial domicile and stay with the non-custodial parent must be complied with, provided that the minor is not placed at risk. The authorities recommend that the parents agree the most beneficial accommodation for their children, such agreements must be made in writing or by the parents’ Lawyers.

3.- If parents do not reach an agreement, and only one parent has the custody of the child, the recommendation is that the child stays with the custodial parent avoiding minors’ displacements and risks of contagion, the custodial parent will have to provide daily contact with the non custodial parent.

4.- If the state of emergency lasts more than two weeks, it is possible to agree the accumulation of the days that the non custodial parent can visit the child in order for the non custodial parent to enjoy these days in a continuous way once the state of emergency ends.

5.- The current situation does not suspend any financial or maintenance obligations towards children. For more information you can call us on +34 922 719520 or email [email protected]