Lockdown and the Exercise of Child Custody

Can lockdown restrictions limit the ability of parents to alternate custody periods with their respective children?

Article written by

Maria Serra

Lawyer and mediator

Family lawyer and mediator in Barcelona

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Having regard to Royal Decree 463/2020, of 14 March, which declared the state of alarm and, in its Articles 6, 7(e), 9 and 15, regulates restrictions on freedom of movement, containment measures in the field of education, and rules on means of transport.

Having regard to the need to protect the best interests of the child on public health grounds, in compliance with custody arrangements and the contact and residence schedules established by court order, the Governing Board of the Barcelona Bar Association proposes the following measures, among others, with the full knowledge of the Barcelona Family Courts:

Given that Civil Protection authorities permit movement for the purpose of shared custody handovers and similar arrangements, without having issued specific guidance on sole custody regimes, parents must reach a mutual agreement, in such cases, on how to adapt the exercise of contact and residence periods. In the absence of agreement, it is recommended that the custodial parent remain with the child throughout the 15-day state of alarm period. This prevents unsupervised visits from taking place in public spaces and avoids the risk of excessive movement and potential contagion associated with overnight stays.

This does not mean that the existing arrangements should be disregarded, compliance may be achieved through communication via Skype, telephone and/or any other electronic means available.

In cases involving children aged 12 or over, the reasons for these exceptional circumstances must be explained to them and their views must be heard.

Barcelona, 16 March 2020.