On 24 March 2020, the Family Law Judges of Barcelona adopted the following RESOLUTIONS and issued the following CONSIDERATIONS for the period from 24 March 2020 until the end of the state of emergency.
First. Royal Decree 463/2020 of 14 March, declaring the state of emergency, does not justify non-compliance with court orders. Accordingly, all custody, guardianship, visitation and contact arrangements set out in existing court orders must continue to be observed and complied with.
Second. In all cases, both parents must comply with the regulations issued by government and public health authorities in order to prevent the spread of coronavirus. They should exercise parental responsibility responsibly, seek agreement wherever possible, and bear in mind at all times that this is an exceptional situation, currently limited in duration to the period of the state of emergency.
Third. If either parent displays symptoms of COVID-19 or has tested positive, it is preferable, in the best interests of the minor children (Article 9.2 of the Spanish Child Protection Act, LOPJM) and to prevent further transmission, for custody to be assumed by the other parent, so as to avoid exposing the child in their care to infection. In such circumstances, force majeure shall be deemed to arise automatically, provisionally suspending the arrangements previously agreed in the relevant proceedings.
Fourth. In order to maintain the necessary and desirable parent-child contact, the custodial parent must facilitate contact between the child or children and the non-custodial parent, in particular through digital means (such as Skype, FaceTime, or WhatsApp video calls), provided this does not disrupt the children's routines or rest schedules.
Fifth. With regard to any enforcement proceedings that may be brought, the enforcement claim shall be registered electronically, provided it is submitted via the Ejcat electronic platform. Given the current suspension of procedural time limits, it will be processed through the ordinary procedure once the state of emergency, or any extension thereof, has been lifted; unless the party submitting the claim or written submission expressly states, on their own responsibility, that the matter is urgent and poses a risk to the child.
Sixth.- Given the unforeseeable duration of the Covid-19 pandemic, and the uncertainty as to whether the state of alarm will be extended further, the effect of these agreements is limited to the period from 24 March 2020 until the state of alarm is lifted, unless unforeseen circumstances arise or subsequent resolutions of the General Council of the Judiciary recommend an earlier review, and without prejudice to their extension should current circumstances persist.
All of the above is submitted to the Dean Judge of Barcelona, Her Honour Mercè Caso Señal, through the Family Courts Delegate Judge, Her Honour Regina Selva Santoyo.
