The Constitutional Court rules that judges cannot deny by default the visitation regime to an imprisoned parent

The Constitutional Court has approved a ruling in which it urges judges to give stronger reasons if they reject a prisoner's visitation regime with their minor children. As elDiario.es has learned, the second chamber of the guarantee court has unanimously decided to grant protection to a prisoner who denounced that Justice had suspended the visitation regime with his daughters upon understanding that it was done without sufficient motivation. Now the Madrid court that ruled on his case must repeat the resolution but taking into account, these sources explain, the best interests of the minors.

Since the end of 2021, Spanish regulations open the door for Justice to reject a visitation regime for a parent involved in criminal proceedings for sexist violence or for mistreatment of their own children. The Constitutional Court endorsed these restrictions a year later, leaving the decision in the hands of the judges. The case that the guarantee court has now studied is that of a prisoner who was in jail but not for crimes of sexist violence.