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Parents reported for abuse in Spain will no longer be able to visit their children

By Chris King • Published: 03 Sep 2021 • 17:56

Parents reported for abuse in Spain will no longer be able to visit their children

Parents reported for abuse in Spain will no longer be able to visit their children.

IN A REFORM of the Civil Code in Spain, a new law passed today, Friday, September 3, will prohibit parents reported for abuse from visiting their children

Parents denounced for mistreatment of their children will not be able to visit them from this Friday, 3 September, after a reform of the Civil Code came into force, aimed at giving judges the necessary tools to be able to modulate visiting arrangements quickly, if they believe that this decision is in the best interests of the child, as opposed to the current processes which are longer, and drawn out.

The regulation, which was approved in Congress on 20 May, includes a re-wording of Article 94 of the Civil Code, and states that “the establishment of a visiting or stay regime will not proceed, and if it does exist, it will be suspended, with respect to the parent who is involved in criminal proceedings initiated for threatening the life, physical integrity, freedom, moral integrity, or sexual freedom and indemnity of the other spouse or their children”.
It continues, “Nor shall it be applicable when the judicial authority notices, from the allegations of the parties and the evidence gathered, the existence of well-founded indications of domestic or gender-based violence. However, the judicial authority may establish a regime of visitation, communication, or stay in a decision based on the best interests of the minor, or on the will, wishes, and preferences of the elderly disabled person in need of support, and after an assessment of the situation of the parent-child relationship”.
Finally, the article states that, “in no case shall it be appropriate to establish a visiting regime with respect to the parent who is in prison, either provisionally, or by final judgement, agreed in criminal proceedings for the offences envisaged in the previous paragraph”.
This regulation was approved in Congress in the same plenary session in which the green light was given to the Law that legally empowers people with disabilities, which includes this modification and which also enters into force this Friday.
The introduction of this amendment was justified by the PSOE by claiming it is in line with what was agreed in the State Pact against Gender Violence, approved in 2017, regarding minors who are victims of this scourge, as well as other similar measures that are included in the Child Protection Act, as reported by moncloa.com.

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Written by

Chris King

Originally from Wales, Chris spent years on the Costa del Sol before moving to the Algarve where he is a web reporter for The Euro Weekly News covering international and Spanish national news. Got a news story you want to share? Then get in touch at editorial@euroweeklynews.com

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