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You are here: Home Family & Kids Partners Grandparents losing out on visiting rights

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07/01/2009Grandparents losing out on visiting rights

Grandparents losing out on visiting rights Messy divorces where children are used as pawns mean grandparents have to wait for months despite taking their case to court.

BARCELONA – Blanca González Cordón is 65 years old and lives in Córdoba. She hasn't seen her grandchildren since 2005. It's not because she doesn't want to, but because the mother, now separated from her son, refuses to grant her access.

In 97 percent of divorce cases, judges give custody to the mother. The father's access is governed by the law, but if the mother doesn't play by the rules, grandparents can easily be left out of the picture.

Until now, most were resigned to their situation, but a growing number of grandparents are taking legal action to defend their right to see their grandchildren.

A change to the law in 2005 specifically points out the rights of grandparents to see their grandchildren, stating that if they are denied access they can put the matter before a judge. The problem is that outside the main cities, courts are not equipped to deal with such cases. This can mean waiting months.

And while few people are keen to become embroiled in lengthy legal disputes, sometimes a court order is the only way for grandparents to be given access to their grandchildren.

One woman, who prefers to remain anonymous, has taken her case to the Valencia regional court.

"My daughter died in 2006, and I am demanding the same rights as a separated father: a month's holidays, alternate weekends, and half of Christmas and Easter," she said. "I brought that child up. She can't just be denied maternal love."

Overworked judges

Growing numbers of similar cases are coming before the courts. But while the sentences usually recognise the rights of grandparents, they are powerless to act if their sons- and daughters-in-law refuse to cooperate.

The Spanish judicial system is collapsing under its own weight: judges are overworked, notification of sentences is delayed, and the State Attorney's Office - which should be defending the rights of two of society's least-protected groups: the elderly and children - is conspicuous by its absence when it comes to family jurisdiction.

Psychologist Amaya Beranoaguirre has treated hundreds of couples during her 18 years working for Vitoria-Gasteiz city hall. "Children are often used by parents to get back at each other. And it is often the grandparents who lose out in such cases."

She says that few parents give any consideration to the impact of the failure of their relationship on either the children or the grandparents.

Martín Juvilla is a 60-year-old who lives in Barcelona. He has two grandchildren from his son's two failed marriages. He can see the first grandchild whenever he wants, because the separation was through mutual agreement, and the parents have remained on good terms.

But in the case of the second grandchild, his son has been accused by the mother of psychological abuse, and is under an exclusion order. So it falls to Juvilla to collect the child.

"She is getting older and I don't think it is worth bringing the law into a question that she will soon be able to decide for herself," he said.

7 January 2009

text: El Pais / Pere Rios / Expatica


1 reaction to this article

Helen Dudden posted: 2010-05-18 23:14:19

Hows true the article is, this sad game of no one wins, the child is the main loser. Until the attitude of the courts change and also enforce the situation of fairness and first thoughts to the child it will carry on. It is time for change surely.

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1 reaction to this article

Helen Dudden posted: 2010-05-18 23:14:19

Hows true the article is, this sad game of no one wins, the child is the main loser. Until the attitude of the courts change and also enforce the situation of fairness and first thoughts to the child it will carry on. It is time for change surely.

Add a comment
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