Table of Contents
- Intro
- What is the visitation regime
- What the Civil Code of Catalonia says
- And the State Civil Code
- Do you need a conviction?
- What can each parent do
- Real case
- Summary
- Frequently asked questions
- Conclusion
1. Introduction
In couples with children, a complaint of possible ill-treatment or violence changes everything. Many reported parents believe that, until there is a conviction, their visitation regime will remain intact. This is not the case: the law allows the family judge to suspend or not establish visits even if there is no conviction.
2. What is the visitation regime
The system of visits, or personal relationship, regulates the time the children spend with the parent who does not have their care. Its purpose is to protect the right of the children to engage with both parents, provided that it is in their interest. You can expand information in our article custody in Spain: everything you need to know.
3. What the Civil Code of Catalonia says
In Catalonia, paragraphs 3 and 4 of the Article 233-11 of the Civil Code of Catalonia establish limitations for the parent on whom there are signs of family or macho violence. As we explained in the video, there is a complaint of possible ill-treatment or violence, even if the parent is not convicted, it is sufficient for the family judge not to grant him visitation.
4. And the State Civil Code
Outside Catalonia, the Article 94 of the Civil Code A similar approach has been followed since its 2021 reform: it is not appropriate to establish a system of visits with respect to a parent who is in criminal proceedings for the purpose of attacking the other parent or children, or when the judge notices substantial evidence of domestic or gender-based violence. Only exceptionally, and by reasoned decision in the interests of the child, can the judge agree otherwise.
5. Do you need a conviction?
No. The law does not wait for a conviction. The reason is the protection of minors: criminal proceedings may last for months or years, and during that time children must be protected from a possible risk. The existence of a complaint and an open criminal procedure therefore has immediate consequences for the family.
6. What can each parent do
- The parent reported must be defended in the criminal procedure and, if it ends with a file or absolution, request the family judge to re-establish the visitation regime.
- The parent who denounces must provide the family court with information on the complaint and the criminal procedure for the necessary protection measures to be taken.
- Both must take into account that the judge shall always decide in the best interests of the child.
7. Real case
In the video we explain to a client the consequences of the complaint made against him by the mother of her son: as she has denounced him for possible ill-treatment, for possible violence, the regime of visits is terminated, as provided for in article 233-11 (3) and (4) of the Civil Code of Catalonia. Although not convicted, the existence of the complaint is sufficient for the family judge not to grant him visitation arrangements.
8. Summary
| Status | Consequence | Legal basis |
|---|---|---|
| Complaint of violence in Catalonia | The judge may not grant visitation arrangements | Article 233-11.3 and 4 of the Civil Code of Catalonia |
| Open criminal proceedings (rest of Spain) | The procedure for visits does not apply, except for a reasoned exception | Article 94 of the Civil Code |
| Founded indications of violence | Same effect, even if there is no conviction | Article 94 of the Civil Code |
| File or absolution | The re-establishment of visits may be requested | Amendment of measures |
| The judge's judgment | Best interests of the child | Child protection regulations |
9. Frequently asked questions
Can you take my children's visits away from me just for a complaint?
Yeah. In Catalonia, the existence of a complaint of possible ill-treatment may be sufficient to ensure that the judge does not grant visitation, even if there is no conviction.
What if the complaint is filed?
The family judge may be requested to re-establish the visitation regime, as the cause for the suspension is removed.
Does the same apply outside of Catalonia?
Yes, with a similar criterion. Article 94 of the Civil Code prevents visits to the parent in criminal proceedings for violence against the other parent or children, with the exception of reasons.
Can I see my kids at a meeting point?
It depends on what the judge agrees. In some cases, supervised visits are established, but always in the interests of the child.
10. Conclusion
A complaint of violence has immediate effects on the visitation regime, without the need to wait for a conviction. Both those who report and those who are reported need advice from the very first moment, because what happens in criminal proceedings will directly affect the relationship with the children.
In the area of Family law from Leynver Lawyers we accompany you in the family procedure and in the criminal to protect your rights and those of your children.
