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ARCHIVED - Parents accused of abuse in Spain denied access to their children
A modification to the Civil Code aims to protect children in Spain who have witnessed abuse in the home
After a reform to the Civil Code in Spain which took effect on Friday September 3, parents who are involved in proceedings for crimes of gender violence will no longer be guaranteed visitation rights for their children. The Senate made the decision to reverse article 94 of the Code, meaning that anyone convicted of such a crime that has visitation orders in place will see them revoked.
In such cases, the judge is allowed to authorise visits if they are in the best interest of the child, and only once the parent-child relationship has been thoroughly evaluated by experts.
The change to the current law was sparked after the lifeless bodies of two young girls were pulled from the sea in Tenerife, having been kidnapped by their father who failed to return them after his court-approved visit.
From this month, the parents of children that are believed to have witnessed or experienced domestic abuse will no longer be given automatic rights to visitation, with the aim of reducing the chance of ‘vicarious violence’, whereby abusers exert pressure on minors to turn against the other caregiver.
The shocking fact is that the vast majority of murders of minors in Spain since 2013 by parents or caregivers occurred after separations or divorces.
A figure that hasn’t yet been included in these horrific statistics is the murder of a two-year-old boy which occurred on August 24 in a hotel in Barcelona, as the child’s father, believed to be responsible for his death, has yet to be located.
According to the latest macro-survey of violence against women, more than 1.68 million children live in homes where their mother has been attacked by their partner or ex-partner and in 51.7% of the cases, the mistreatment of the mother has been accompanied by child abuse.
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