Are you and your grandchildren residents in Spain? Do you have trouble seeing them?
Do you not get on with your child or their spouse and they are making things difficult for you to see them?
Did you know in Spain that you have the legal right to see your grandchildren?
This right is stated in the Spanish Civil Code and it applies to grandparents, siblings, and other relatives of the minor.
In cases where parents or guardians do not allow the grandparents to see their grandchildren in Spain, the grandparents have the right to request visitation rights through the Spanish Courts. Although fefore taking legal action, it’s often recommended to explore a family mediation service as first step to resolve these disputes amicably.
Under normal conditions, the grandparents are entitled to contact with their grandchildren and vice versa. This is a family bond which is proven to be beneficial to grandparents and grandchildren, and the Judge always seeks the best for a child´s interest. So, a judge may grant a ruling after a proper hearing regarding the rights of the grandparents to visit the grandchildren in Spain.
The procedure to apply for visitation rights over your grandchildren consists of the following:
- Filing a petition with the District Spanish Court stating the reasons that you cannot see the children and asking for visitation rights in Spain.
- In order to do this, you will need a Spanish lawyer, a court runner, and a translator if you do not speak Spanish. If you are unable to afford a lawyer, you can seek the services of a legal aid lawyer.
- The Judge will consider the testimony of all parties involved including the mother, father, grandparents and any other appropriate witnesses, all of them cross-examined on the day of the hearing.
- In the case that visitation is denied by the Judge, you have the option to appeal the sentence through the High Court.
If visitation is granted, the type of visits will depend on the age of the child and where grandparents reside in Spain. The visits could only be in the daytime or they could be overnight; however, if the parents already have a visitation agreement between themselves time cannot be taken from the mother or the father.
At Pellicer & Heredia we can file for visitation rights over your grandchildren on your behalf through the Spanish Courts. Our expert team will be able to assess your situation and guide you through the Spanish legal system or for a MIAM mediation in UK or other resident party country.
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