On September 3, 2021, Law 8/2021, of June 2, came into force, reforming civil and procedural legislation to support people with disabilities in exercising their legal capacity. This law introduces important modifications in family law matters, including notable changes to Article 94 of the Civil Code, concerning visitation rights.

Thus, by virtue of this reform, the judge must not establish a visitation or stay arrangement, and if one exists, it will be suspended, concerning the parent involved in a criminal proceeding initiated for offenses against the life, physical integrity, freedom, moral integrity, or sexual freedom and indemnity of the other spouse or their children.

It will also not proceed when the judge finds, from the parties' claims and the evidence presented, the existence of well-founded indications of domestic or gender violence.

However, the judge may establish a visitation, communication, or stay arrangement in a reasoned decision based on the best interest of the minor and after evaluating the situation of the parent-child relationship.

Under no circumstances will a visitation arrangement be established concerning a parent in prison, whether provisional or by final sentence, agreed upon in criminal proceedings for the offenses outlined in the previous paragraph.

Azucena Librán López

Lawyer of the Illustrious Bar Association of León.