The Constitutional Court has recently ruled on the regulation given to Article 94.4 of the Civil Code by Law 8/2021, of June 2.

“the provision does not automatically deprive the parent of the visitation or stay regime as claimed by the appellants, but rather assigns the judicial authority the decision on whether or not to establish a visitation or stay regime or to suspend it, even in cases where a parent is involved in a criminal process initiated for offenses against the life, physical integrity, freedom, moral integrity, or sexual freedom and indemnity of the other spouse or their children, or when the judicial authority finds, from the allegations of the parties and the evidence presented, the existence of well-founded indications of domestic or gender violence, which also includes “violence exercised with the aim of causing harm or damage to women on their family members or close minors” (section 4 of art. 1 of Organic Law 1/2004, of December 28, on comprehensive protection measures against gender violence —hereinafter LOVG—, introduced by the tenth final provision of Organic Law 8/2021, of June 4), by those who are or have been their spouses or by those who are or have been linked to them by similar affective relationships, even without cohabitation (art. 1.1 LOVG) “