Spain and Grandparents' rights of access according to the Spanish Civil Code.

Published by Liuzzi e Liuzzi International law firm in Italian Law · 15 November 2018
Tags: grandparents, access, right, in, spain

Spain and Grandparents' rights of access according to the Spanish Civil Code.

It's common that international grandparents with grandchildren living in Spain are worried because of the impossibility of getting in touch with their beloved grandchildren, visiting them and building a relationship.

This happens for example when their son or daughter is married or was married with somebody of spanish nationality or with somebody living in Spain where also their grandchildren's residence is. They often cannot even talk to them by phone, Skype or WhatsApp.

Sometimes they are children of separated or divorced parents that where in the past linked by an affective relationship (married or not married) and that are now discussing the future children custody (or are revising an agreement).

Unfortunately in these cases and in such delicate situations parents forget the rights of the grandparents.

This means that so many grandparents give up in having a relationship with their grandchildren in Spain because they think they have no right.

But they are wrong!

The Spanish Civil Code establishes their right of visiting their grandchildren and also the grandchildren have the right to have a relationship with them.

And not only the Spanish Civil Code warranties this right but also the so called

“ Exposición de Motivos of the Law 42/2003, that has modified the Civil Code and the Law of Civil Prosecution for what it concerns family relationships between grandchildren and grandparents that is the “Modificación del Código Civil y de la Ley de Enjuiciamiento Civil en materia de relaciones familiares de los nietos con los abuelos”

Grandparents have rights they can see their grandchildren grow and this even if they live abroad. This right must be protected.

Liuzzi e Liuzzi International law & tax Firm- Studio Legale Internazionale-

Bufete Internacional de Abogados y Economistas

provides legal advice, judicial and extrajudicial assistance to International grandparents whose grandchilden live in Spain and want to grant their rights access. To ask for our advice and assistance click here.

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