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

07/01/2009Grandparents 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.

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