When we talk about coronavirus and Family Law, how to comply with the custody or visitation regime in a way that is compatible with the restrictions on mobility approved by the Government? What happens if someone in the family becomes ill?
Can the parents reach temporary agreements?
The Family Judges of Barcelona have recently met virtually to set criteria on all these points.
Here are their conclusions on custody and state of alarm for coronavirus so that you and your family can act in accordance with the law.
Family judges in Barcelona unify criteria on custody and coronavirus alarm state
Specifically, the resolutions adopted are the result of a virtual meeting held on March 18 by several companies Family Judges of Barcelona. Specifically, and in alphabetical order, Xavier Abel Lluch (Court of First Instance nº 14 of Barcelona, Family), Eva Atares García (Court of First Instance nº 51 of Barcelona, Family), Monserrat Carceller Valls (Court of First Instance nº 17 of Barcelona, Family), María Isabel Hernando Vallejo (Court of First Instance nº 16 of Barcelona, Family), José Juan Moreno Ruiz (Court of First Instance nº 19 of Barcelona, Family), Ernesto Pascual Franquesa (Court of First Instance nº 45 of Barcelona, Family), Esther Río Gomez (Court of First Instance nº 15 of Barcelona, Family) and Regina Selva Santoyo (Court of First Instance nº 18 of Barcelona, Family).
What are the conclusions of the Barcelona family judges on child custody and coronavirus?
These are the main conclusions of the Family Judges of Barcelona on custody and state of alarm for coronavirus:
- The declaration of the state of alarm through RD 463/2020, of March 14, does not legitimize the non-compliance with court rulings.
By this, the judges mean that what is dictated in divorce or separation sentences, as well as in case of sentence execution proceedings, must be enforced. The state of alarm cannot become an excuse for non-compliance if there is no legal reason to justify it or an agreement between the parents to act differently. - In any case, parents must observe the regulations of the governmental and health authorities in order to prevent the spread of the coronavirus, seeking a responsible exercise of parental authority and reaching the best possible agreements, always bearing in mind that this is an exceptional situation.
- If one of the parents presents symptoms of contagion or has tested positive in the Covid-19 test, in the interest of the minor children, and to avoid its propagation, it is preferable that the guardianship and custody be held by the other parent, in order to avoid its propagation to the minor whose custody is entrusted to him/her.
In this sense, it should be understood that, automatically, there is a cause of force majeure, which provisionally suspends the measures agreed in the process in which they were agreed. - Apart from cases of symptoms of contagion or a positive result in the Covid-19 test, and with a view to the most effective compliance with the agreements of the health authorities -which advise reducing the mobility of persons as much as possible, except in exceptional cases justified by documentation-, the parental responsibility system must be exercised by the custodial parent (in cases of sole custody) or by the parent who currently has custody (in cases of shared custody).
- In order to achieve the necessary and desirable parent-child contact, the custodial parent shall facilitate, particularly by telematic means (Skype, Facetime, or video call on custodial parent shall facilitate, particularly by telematic means (Skype, Facetime, or WhastApp video call) the contact of the child/children with the non-custodial parent, as long as the routines or rest schedules of the children are not disturbed.
- With respect to the
enforcement proceedings which, if any, are filed for breach by one of the parents of the terms of the custody and guardianship, “the enforcement action will be registered telematically, provided that it is filed electronically by Ejcat, and, given the current suspension of the procedural deadlines, it will be given the ordinary procedure, once the declaration of the state of alarm or, as the case may be, its extension has been declared.
given the current suspension of the procedural deadlines, it will be given the ordinary procedure, once the declaration of the state of alarm or, where appropriate, its extensionhas been lifted; unless the party filing the complaint or brief responsibly manifests the urgency of the same and the risk to the minor.”
If you need a family lawyer for any case related to the custody and guardianship of your children, or any other aspect related to this branch of law, contact us without obligation: we continue to work electronically in all those procedures in which it is possible to do so, including the search for out-of-court agreements through mediation and negotiation.
