After a separation or divorce, one of the most distressing situations is when one parent prevents the other from seeing their child.
Can they legally do that in Spain?
In most cases, no.
Your right to see your child
In Spain, both parents usually retain parental responsibility (patria potestad).
This means:
✔ Both parents have rights
✔ Both parents have responsibilities
✔ Contact with both parents is considered beneficial and neccesary for the child
As a general rule, one parent cannot unilaterally stop contact.
When can contact be restricted?
There are limited situations where contact may be restricted:
- If there is a court order limiting or suspending visits
- If there are serious concerns about the child’s safety
- In cases involving violence or risk
These decisions must be made by a court, not by one parent alone.
What if your ex is blocking contact?
If your ex is preventing you from seeing your child:
This may be a breach of a court order (if one exists)
You may be able to:
- Request enforcement through the court
- Take urgent legal action
- Ask for a modification of measures
Courts in Spain take this very seriously.
Why acting quickly matters
Delays can make your situation worse.
The longer the lack of contact continues, the harder it may become to restore normal arrangements.
How we can help
At Bennet & Rey, we assist international clients in complex child custody matters in Spain.
We provide:
✔ Clear legal advice
✔ Strategic solutions
✔ Fast action when needed
Speak to a lawyer
Avoid costly mistakes and protect your rights as a parent.
Book a consultation here:
https://calendly.com/margaret-bennetrey/first-contact
📩 [email protected]
