Travel to comply with the custody of children

Compliance with guard and custody or the regime of visits during the term of the confinement obligation

Faced with the exceptional situation we are experiencing; divorced parents are wondering whether measures regarding custody and visitation arrangements in favor of parents should continue to be complied with.

To give an answer, we need to analyze the current situation:

The WHO (World Health Organization) has classified the current situation around the world – originated by COVID-19 – as a pandemic, and therefore calls on governments to take urgent and aggressive action.

One of the most restrictive states of alarm in all of Europe was agreed upon in our country. Among the measures that have been taken are the limitation to travel with the exceptions for food provisioning and other procedures that are essential, as well as access to the workplace.

The Civil Protection Services of Catalonia have provided an information sheet with the most frequently asked questions that citizens ask in the face of these restrictions. One of the issues that affects many families is whether travel can be done to comply with shared custody or the custody visitation agreement.

The answer given to us today by these official sources is that transfers can be made to comply with the agreements (which recommended to carry during the transfer of the child, as proof).

However, before making the decision to continue to apply and / or demand the application of the court decision, parents should be very aware of their personal and family situation: whether they both continue to work, whether they have an extension or a reduction in ‘schedules, teleworking, if they live with the elderly, with high-risk people, etc.

Please note that juvenile court agreements may be amended if both parents agree. We are facing a situation that few, if any, regulatory agreements had planned for, and therefore, it is worth bearing in mind the well-being of minors, which is ultimately what all parents want for their children. Given this premise, what is required is common sense when making the decision and choosing the solution that best preserves the interests of the child.