Visitation of the children
After separation or divorce, the spouse who has not been granted the guardianship and custody of the children by
court order has the right to physically visit their children and communicate with them by phone, mail and so
The children suffer the consequences of separation or divorce of their parents in a special way and, sometimes,
they believe they have their share of blame for what happened. Also, if the separation is not by mutual agreement,
they are even more affected by the situation in their family.
The law does not imply that separation and divorce relieve parents of their obligations to their children.
Therefore, if there is no agreement between the spouses, the judge shall take appropriate measures to ensure the
care and education of the children.
One such measure is a visitation schedule that specifies the duration and the time and place that the parent who
does not have custody can take advantage of in order to see their children. This is reflected in the regulatory
Of course, it is advisable that the child's parents agree on this schedule, using a flexible framework and
But when this is not possible, establishing a system often goes as follows:
- If the child is over
breastfeeding, the father can get the children in the alternate weekends and in half of the holiday periods.
- If they are still a baby, the judge may determine that your child can enjoy their parent two or three evenings,
during the week, but they may take them on weekends.
- If the parent lives far away, they are allowed to accumulate the enjoyment of several weekends in a row.
Although visitation and communication are established in a court of law, the visitation period can be modified
after the processing of the requisite procedures and limited or suspended, if it is considered to be detrimental to
What are the Family Meeting Points
The Family Meeting Points is an idea developed by some Autonomous Communities. It consists of a suitable
physical and neutral possibility to facilitate visitation, guaranteeing the right of children to interact with both
parents. It also regards their safety.
In these centers, there is a meeting of the members of the family who are in a crisis because of the separation,
divorce, family breakdown and family conflicts and there is a temporal intervention of a psychologist and legal
education provided by trained professionals.
Depending on each case and the internal governance of the institution itself, the actions of the PEF can develop
in different ways.
These are the most common:
Place of exchange. One of the parents leaves the child in the center and
the other picks them up without any physical encounter between the two partners. This option is recommended to
prevent situations of violence or in the cases in which the child lives with a foster family.
Supervision by professionals during the visit. At this time, guidance is provided to improve the relationship.
It is indicated when the child does not know their non-custodial parent or when they have very few memories of
them, provided that the parent tries to manipulate the child. Also, it is indicated in cases in which the child is
afraid to encounter their parent.
The visit takes place in the center. For cases in which the non-custodial parent does not live nearby or when they
do not meet the necessary conditions for the child to stay there.