Relevant information on non-compliance with visitation and joint custody rules
What to do in the event of non-compliance with the visiting arrangements?
Most commonly, you may feel at a loss when faced with a situation of unjustified and repeated non-compliance with access by the other parent. Before bringing an action for breach of access, you should proceed as follows:
- Try to negotiate with your ex-partner: With the advice and presence of an expert family lawyer and always with the aim of trying to prevent repeated breaches, this is the best and simplest solution.
If an agreement is reached, a private document can be signed before a notary public in which the modifications to the visiting arrangements are set out on a temporary basis, or if the changes are definitive, a modification of the measures can be made by means of a resolution in court. Whether an agreement has been reached or not, if the non-compliance with the visiting arrangements by your ex-partner persists. You should proceed to step 2.
- Preliminary demands: the other parent will be urged to fulfil his or her obligations in terms of visiting arrangements.
- Suit for non-compliance with visiting arrangements: your purpose is to require your ex-partner not to explain in court why he/she does not comply with his/her obligations. If your attitude persists, you may incur a crime of disobedience to the judicial authority.