When visitation schedules are not complied with, you need
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Specialized in Non Compliance With Visitation Regime
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— PROBLEMS —
Unsupervised visits are resulting in negative behavior in my children.
My ex-partner is not respecting the agreed schedules, which is affecting our family dynamics and well-being.
The other parent repeatedly fails to comply with the visitation regime, canceling visits at the last minute.
— SOLUTIONS —
PSYCHOLOGICAL SUPPORT
Tell us your story, concerns, or doubts related to the visitation regime, with no obligation. You will be assisted by a psychologist specialized in family conflicts, who will listen to you with total empathy and understanding.
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Schedule your free consultation with our lawyer and benefit from the experience and specialized knowledge that have made so many people trust us during this critical process.
TAILORED FINANCING
We understand that non-compliance with visitation schedules can present significant challenges. To ease this concern, we offer flexible financing options with no interest.
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What does the procedure consist of?
Measures available to enforce visitation regimes and protect parental rights:
You surely still have questions
I have prepared a list with some of the most frequently asked questions, but if you still have doubts, write to us at hola@abogadoviolenciadegenero.com and we will help you.
The visitation regime is a legal agreement established between the parents of a minor when a separation or divorce occurs. It consists of a set of rules and regulations that determine when and how the non-custodial parent may visit their son or daughter.
This agreement seeks to protect the best interests of the child, guaranteeing their right to maintain a relationship with both parents, even after separation. In addition, it allows parents to organize and plan visits, avoiding possible conflicts and misunderstandings.
It is important to note that the visitation regime is not an exclusive obligation of the non-custodial parent, but also of the custodial parent. The latter must facilitate visits and promote the child’s relationship with the other parent, as long as it does not negatively affect the child’s well-being.
Non-compliance with the visitation regime can have serious consequences for the child’s well-being and generate conflicts between parents. Below are some of the most common causes of this non-compliance:
Communication problems
A lack of communication between parents can create difficulties in complying with the visitation regime. If there is no effective communication, agreements can be difficult to reach and misunderstandings may lead to conflicts. Therefore, it is important for parents to communicate effectively and maintain constant dialogue to ensure that the visitation regime is properly fulfilled.
Emotional conflicts and resentment
In some cases, parents may harbor resentment or negative emotions toward the other parent that affect compliance with the visitation regime. This can lead to missed visits or delays in handing over the children. To avoid this, it is important for parents to work on resolving their conflicts and negative emotions so they can comply with the visitation regime without issues.
Changes in work or personal circumstances
Changes in the parents’ work or personal situations can affect compliance with the visitation regime. For example, if a parent starts a new job with changing schedules, it may be difficult to comply with the established visitation regime. In these cases, it is important for parents to communicate and work together to find a solution that works for both parties.
Concerns about the child’s safety
If one parent believes that the child’s safety is at risk during visits, they may choose not to comply with the visitation regime. For example, if the other parent has addiction issues, it may be difficult to trust that the child will be safe during the visit. In these cases, it is important for parents to work together to address safety concerns and establish a visitation regime that ensures the child’s safety.
Health issues
If the child is ill or the parent who is supposed to receive the visit is ill, it may be difficult to comply with the established visitation regime. In these cases, it is important for parents to communicate and work together to find a solution that allows the child to receive the necessary medical care while still complying with the visitation regime. It may be necessary to modify the visitation regime to adapt it to the health situation of the child or the parent.
Tips for establishing an effective and viable visitation regime
When establishing a visitation regime, it is important to consider the children’s needs and the parents’ possibilities. It is advisable to be flexible with visiting days and times and to take into account the children’s school and extracurricular activities. A progressive visitation regime can also be established, gradually increasing the time the children spend with the non-custodial parent.
How to communicate with the other parent to avoid conflicts
Communication is key to establishing an effective visitation regime and avoiding conflicts between parents. It is important to maintain a friendly and respectful tone in conversations and agreements, and to avoid discussing issues unrelated to the children. Communication channels such as email or text messages can be used to avoid misunderstandings and to keep a record of conversations.
How to involve children in the process and make them part of the visitation regime
It is essential to involve children in the process of establishing the visitation regime and to make them participants in decisions that affect them. They can be asked which days they prefer to spend with each parent and their activities and commitments can be taken into account. They can also be asked for their opinion about the visitation regime and their needs and wishes should be listened to. This helps them feel more secure and gives them a sense of control over their situation.
Written records and documentation
Keeping a detailed record of all visits is essential in order to prove non-compliance with the visitation regime. It is recommended that this record be kept in writing, including the date and the start and end time of each visit, as well as any other relevant information, such as the reasons for absence or delay.
It is also important to keep any documents that support the visitation agreement, such as the parenting agreement or the court judgment.
Witnesses
If non-compliance with the visitation regime occurs, having witnesses can be very helpful in proving the situation. These may include family members, friends, or neighbors who have witnessed the absence of the parent responsible for the visit. It is important that witnesses are willing to testify in court if necessary.
Audiovisual evidence
Other types of evidence may also be submitted, such as videos showing non-compliance with the visitation regime, as well as audio recordings that document the failure to comply with the agreed visitation schedule.
It is normal to want to know what sanctions apply to a parent who fails to comply with the visitation regime, as this is indeed a very important issue. For this reason, the following points explain it briefly and clearly:
Fines
“This concern to provide the minor with an adequate legal framework of protection also extends from various International Treaties ratified in recent years by Spain and, very especially, from the United Nations Convention on the Rights of the Child of November 20, 1989, ratified by Spain on November 30, 1990, which marks the beginning of a new philosophy regarding minors, based on greater recognition of the role they play in society and the requirement for greater prominence.”
Organic Law 1/1996, of January 15, on the Legal Protection of Minors, partially amending the Civil Code and the Civil Procedure Act.
When non-compliance with the visitation regime occurs, it is possible to request a financial fine, which may vary depending on the case. In general, these fines are usually proportional to the duration of the non-compliance. That is, the longer the visitation regime is not complied with, the higher the fine to be paid.
This measure seeks to encourage compliance with the visitation regime and to ensure the child’s right to maintain an appropriate relationship with both parents.
Modification of the visitation regime
“It is established as case law that the judge or court may suspend the visitation regime of the minor with the parent convicted of the crime of abuse against their spouse or partner and/or for the crime of abuse against the minor or another child, assessing the existing risk factors.”
First Chamber of the Supreme Court
If it is considered that the established visitation regime is not functioning properly, a modification may be requested. This may be due to various factors, such as changes in the personal or work circumstances of one of the parents or health problems affecting the minor.
To request a modification, it is necessary to consult a lawyer and submit a request to the judge. This request must explain the situation and justify why a modification of the visitation regime is necessary.
Civil and criminal sanctions
If non-compliance with the visitation regime is repeated and it is considered that the child’s rights are being violated, civil and criminal sanctions may be applied. These sanctions may include deprivation of parental authority or even imprisonment in the most serious cases.
However, before applying these measures, other procedures are usually carried out in an attempt to resolve the issue, such as family mediation or modification of the visitation regime. The ultimate goal will always be to protect the best interests of the child and ensure their emotional and psychological well-being.
Custodial parents
Custodial parents may fail to comply with custody agreements for different reasons. Some of the explanations they commonly give include a lack of financial resources or the other parent’s failure to meet their obligations. In some cases, non-compliance may also be justified by reasons related to the child’s safety or well-being.
Among some of the most common excuses or explanations, custodial parents may refuse compliance because: “I don’t want my children to spend time with the new partner”; “if child support is not paid, the child will not be handed over”; “I don’t want to force my children to go if they don’t want to,” among others.
Non-custodial parents
Non-custodial parents may also offer various explanations to justify their non-compliance, such as lack of time, work-related or health issues, conflicts with the custodial parent, or refusal to comply with decisions made by the latter.
However, it is important to remember that non-compliance with the visitation regime can have legal consequences and that it is important to try to resolve differences between parents peacefully and in the best interests of the child.