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ARTICLE 94 OF THE SPANISH CIVIL CODE

I strongly invite you to watch the video ARTICLE 94 OF THE SPANISH CIVIL CODE, https://youtu.be/gKfvsQQU_qU

“The judicial authority will determine the time, manner and place in which the parent who does not have the minor children with him / her may exercise the right to visit them, communicate with them and have them in her company. Regarding children with disabilities of legal age or emancipated who need support to make the decision, the parent who does not have them in their company may request, in the same procedure for annulment, separation or divorce, to establish the way in which they are will exercise the right provided in the previous paragraph.

The judicial authority will adopt the resolution provided for in the preceding paragraphs, after hearing the child and the Public Prosecutor. Likewise, the judicial authority may limit or suspend the rights provided for in the preceding paragraphs if relevant circumstances arise that so advise or the duties imposed by the judicial resolution are seriously or repeatedly breached.

The establishment of a visit or stay regime will not proceed, and if it exists, it will be suspended, with respect to the parent who is involved in a criminal process initiated by attempt against life, physical integrity, liberty, moral integrity or liberty and sexual indemnity of the other spouse or her children. Nor will it proceed when the judicial authority notices, from the allegations of the parties and the evidence practiced, the existence of well-founded indications of domestic or gender violence. However, the judicial authority may establish a regime of visit, communication or stay in a resolution motivated in the best interests of the minor or in the will, wishes and preferences of the elderly with a disability in need of support and after evaluating the situation of the parent-child relationship.

In no case shall the establishment of a visitation regime with respect to the parent in prison, provisional or by final judgment, agreed in criminal proceedings for the crimes set forth in the preceding paragraph.

Likewise, the judicial authority may recognize the right of communication and visit foreseen in the second paragraph of article 160, after hearing the parents and whoever had requested it due to their condition of brother, grandfather, relative or close friend of the minor or elder with disability requiring support to make the decision, which must give their consent. The judicial authority will resolve always keeping in mind the interest of the minor or the will, wishes and preferences of the elder with a disability.”



Copyright ABOGADA NATHALIE GONZALEZ Y MEDIADORA, Creadora de OBJETIVO CERO VÍCTIMAS

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