COVID-19 CUSTODY AND VISITATION REGIME. GUIDELINE CRITERIA BY THE PONFERRADA JUDGES BOARD
March 23, 2020

We inform you of the AGREEMENT issued today (03/23/20) by the SECTORIAL BOARD OF JUDGES OF THE FIRST INSTANCE AND INSTRUCTION OF PONFERRADA (03/23/20) which establishes the UNIFICATION OF GUIDING CRITERIA REGARDING THE COMPLIANCE WITH CUSTODY AND VISITATION REGIMES FOR MINOR CHILDREN DURING THE STATE OF ALARM, SETTING THE FOLLOWING: 1,- Firstly, an appeal is made to the common sense of the parents so that they attempt to reach a consensus, prioritizing the interests of the minors above their own, on the measures they consider most beneficial for their children. The agreements they reach can be formalized in writing (e-mail, for example) and should compensate the parent who is deprived of time with the children, allowing them to recover that time not enjoyed during the state of alarm at a later date. 2,- In the case of shared custody, since it normally presupposes medium-long stays, fortnights, months, and also proximity of both parents' residences, as a general principle, the exchange of minors should be maintained, unless exceptional circumstances arise, such as the presence of at-risk individuals in the home, like elderly cohabiting grandparents, since the minor could act as a transmission vector, or at-risk healthcare personnel. If there were midweek visits for the other parent, they would be suspended. 3.- Regarding custody held by one parent, with visits for the other, they should be suspended, as a general principle, due to their short duration, without prejudice to the aforementioned subsequent compensation. In any case, such visits should not proceed if interprovincial travel is required or when elderly grandparents live in the homes, as the minor could act as a transmission vector, or at-risk healthcare personnel. 4,- Visits conducted through Family Meeting Points are suspended, as they are closed. 5.- Parents who have the minors in their company should promote and facilitate frequent communication of the minors with the non-cohabiting parent through technological means (phone, video call, Skype, etc.) From the Azucena Libran office, we recommend sensibility, flexibility, common sense, and the consideration of each case, reaching agreements that prioritize common sense and the interest and protection of the health of the minors, the parents, and the rest of the family, and not using the situation as a weapon against the other parent. If this is not possible, there is the option to seek judicial assistance to request urgent measures to regulate the situation, although the state of the courts makes it difficult to expect a quick decision. We remind you that, in case of symptoms of illness, you should contact the coronavirus emergency number 900 222 000, not go to emergencies except in severe cases, and immediately notify the other parent as it is a matter of parental authority, with both parents having the right to be with the minor, without prejudice to the rules received from the health professionals which must be complied with. Health and strength to all!

        COVID-19 CUSTODY AND VISITATION REGIME. GUIDELINE CRITERIA BY THE PONFERRADA JUDGES BOARD