INTERNATIONAL CHILD CONTACT AND VISITATION ARRANGEMENTS IN SPAIN

When separated or divorced parents live in different countries, maintaining a meaningful relationship between a child and both parents can present particular challenges. Travel distances, school holidays, travel costs and different legal systems must all be taken into account when arranging contact.

I am Laura Rincón, a family lawyer based in Madrid. I advise parents on international family law matters involving Spain and other countries, including cross-border child contact arrangements, parental responsibility and the enforcement of court orders.

I provide legal assistance in English and Spanish, both in person and online.

What are international child contact arrangements?

International child contact arrangements determine how a child will maintain a relationship with the parent they do not live with when the parents reside in different countries.

Where both parents live in the same city, contact may take place regularly during the week and on alternate weekends. When one parent lives abroad, a different arrangement may be more appropriate.

Depending on the distance between the parents, the child's age and school timetable, and the practical circumstances of the family, an international contact arrangement may include:

  • Regular contact during weekends or other periods when travel is practical.

  • Longer periods of contact during school holidays, including the summer holidays.

  • Arrangements for Christmas, Easter and other important family dates.

  • Telephone or video calls to maintain regular communication between visits.

  • Clear provisions concerning travel, handovers, transport costs and the documents required for international travel.

The aim is to establish a realistic arrangement that allows the child to maintain a meaningful relationship with both parents while protecting their stability, education and well-being.

How are international child contact arrangements established?

International contact arrangements may be agreed by the parents or determined by a court.

By agreement between the parents

Where the parents reach an agreement, the proposed arrangements can be included in the relevant parenting agreement or divorce agreement and submitted for court approval where required.

An agreement should address not only the dates and duration of contact, but also practical matters such as who will arrange and pay for travel, where the child will be collected and returned, and how the parents will communicate when the child is abroad.

A carefully drafted agreement can help reduce misunderstandings and avoid future disputes.

Through court proceedings

If the parents cannot agree, the court may determine the contact arrangements in accordance with the applicable law and the child's best interests.

In international cases, it is particularly important to consider the countries involved, the child's habitual residence, the distance between the parents and whether an existing court order has already been issued in Spain or abroad.

The appropriate procedure will depend on the specific circumstances of the case.

Is international joint custody possible?

Joint physical custody can be more difficult to organise when parents live in different countries, particularly where the arrangement would require a child to travel frequently or repeatedly change schools and home environments.

However, living in different countries does not, by itself, resolve every question concerning parental responsibility or contact. The arrangements must be assessed individually, with the child's best interests as the central consideration.

In some circumstances, parents may consider longer periods of residence with each parent during school holidays or other suitable periods. More extensive arrangements involving residence in different countries require careful assessment of the child's age, education, relationships, stability and ability to adapt.

The priority should be to establish an arrangement that is practical and sustainable and that supports the child's development, rather than focusing solely on an equal division of time.

What can you do if international contact arrangements are not respected?

If one parent prevents the other from exercising contact established by a court order or approved agreement, legal action may be available.

The procedure depends on where the child lives, where the decision was issued and whether an applicable international instrument governs the case.

Contact arrangements within the European Union

Regulation (EU) 2019/1111 establishes rules on jurisdiction, recognition and enforcement in matrimonial matters and matters of parental responsibility, including cross-border situations involving children.

Depending on the circumstances, this framework may facilitate the recognition and enforcement of a decision concerning child contact in another EU Member State.

The applicable procedure and documentation must be checked in each case.

Cases involving countries outside the European Union

Where the case involves a non-EU country, the applicable international conventions, bilateral agreements and domestic laws must be considered.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is relevant to certain cross-border disputes involving children and also addresses rights of access. However, it does not replace the need to identify the appropriate procedure for each individual case.

If contact is being obstructed, it is important to act promptly and establish which legal remedies are available in the countries concerned.

How I can help with an international child contact case

International family disputes involving children require careful consideration of the applicable legal framework and the practical arrangements needed to maintain family relationships across borders.

I can advise you on:

  • Establishing international contact arrangements when parents live in different countries.

  • Drafting parenting and divorce agreements that address international travel, holidays and communication.

  • Disputes concerning existing contact arrangements, including situations where a parent is not complying with a court order.

  • Recognition and enforcement of foreign decisions concerning parental responsibility and child contact in Spain, where applicable.

  • Assessing the legal options available when a parent or child is planning to relocate abroad.

Every family situation is different. The child's habitual residence, the countries involved, any existing court decisions and the practical circumstances of both parents are important when determining the most appropriate course of action.

Need advice about international child contact arrangements?

If you live in Spain and your child's other parent lives abroad, or if you need to enforce a child contact order involving Spain, I can help you understand your legal options and the steps you may need to take.

Laura Rincón | Family Lawyer in Madrid

Legal assistance in English and Spanish. In-person appointments in Madrid and online consultations.

Contact me to discuss your case.