Q : I do not get on with my daughter’s husband and he is making it more and more difficult for me to spend time with my grandchildren. What can I do? Is there a law in Spain that allows me to see them?
A :I am sorry to hear about your predicament, however you will be pleased to know that there is a law in Spain that allows you the freedom to see your grandchildren. Basically in Spain 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 minors.
In cases where parents or guardians do not allow grandparents to see their grandchildren, the grandparents have the right to request visitation rights through the Spanish Courts.
Q : What is the procedure, how do I go about getting these visitation rights?
A : You must file a petition with the District Spanish Court stating the reasons that you cannot see your grandchildren.
You will need a Spanish lawyer, a court runner, and a translator if you do not speak Spanish.
Q What happens next?
A : 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 at the day of the hearing.
Q : Are the grandparents always given visitation rights?
A : Normally yes. This is a family bond which is proven to be beneficial to grandparents and grandchildren, and the Judge always seeks what is best for a child´s interest. The type of visits will depend on the age of the child and where grandparents reside in Spain.
In the case that a visitation is denied by the Judge, you have the option to appeal the sentence through the High Court.
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. If you require more information on this or any other matter do not hesitate to call us on 965 480 737 or email us at [email protected] We will be happy to assist you.