My ex-partner does not comply with the visitation schedule: legal solutions in Murcia

When one of the parents breaches the visitation regime established in a judgment or court-approved regulatory agreement, in addition to harming the bond with the children, it violates a judicial ruling.

At GVC Abogados (García Valcárcel & Cáceres), a law firm in Murcia with extensive experience in family law, we explain what you can do to protect your children and enforce your rights.

Basic legal framework: what the laws say

Article 94 of the Civil Code: the judge determines the time, manner, and place of visits, communications, and stays of the non-custodial parent. Following the reform enacted by the *LO 8/2021* (Law 8/2021), when there are indications of gender-based or domestic violence that put the minor or the other parent at risk, visits may be limited, supervised, or suspended.
Article 158 of the Civil Code: allows the judge to adopt urgent measures to prevent harm to minors (for example, supervised visits at a Family Meeting Point or temporary suspension).
Article 776 of the Civil Procedure Act: regulates the enforcement of family measures. In the event of a breach of the visitation regime, the court may impose coercive fines (usually between 50 and 200 euros for non-compliance), order compensation of visits, refer to specialized services, and even consider the modification of custody or visitation due to repeated non-compliance.
Article 225 bis of the Penal Code: abduction of minors (retaining or transferring a child without the consent of the other parent or judicial authorization, breaching the regime) may constitute a crime.

Most common types of non-compliance

Not delivering or not picking up the minors at the scheduled time.
Obstructing the planned communications (calls, video calls).
Non-compliance during holidays or special dates.
Conditioning visits on the payment of alimony (something that the law does not allow).
Parental interference or repeated non-compliance that affects the bond.

How to act step by step if your ex does not comply

1) Document each breach

Keep messages, emails, screenshots, and missed calls.
Request a report or record at the Family Meeting Point if you use it.
Go to pick up/drop off at the agreed place and time, and if they do not appear, try to leave a record (witnesses, security, police report if applicable).

2) Formal request

Send a burofax with certification of content demanding compliance and reminding them of the content of the ruling. This prior diligence usually facilitates subsequent enforcement.

3) Execution of judgment (art. 776 LEC)

File a executive claim before the same court that issued the ruling, providing evidence of the breaches.
Request execution measures: coercive fines, compensation for unused time, setting of handovers at the Family Meeting Point, and a report from the psychosocial team if applicable.
The court may require the non-compliant party, impose fines for each breach, and adopt measures to ensure the best interests of the child.

4) Modification of measures if the breach is serious or repeated

If the other party continuously obstructs contact, a modification of measures (art. 90 and 91 CC and 775 LEC) may be proposed, assessing changes in custody or in the visitation regime in favour of the compliant parent.

5) Urgent measures and protection of the child (art. 158 CC)

In the face of risks to the child (serious conflicts during exchanges, violence or substance abuse), request urgent measures: supervised visits at the Family Meeting Point, precautionary suspension of visits or prohibitions on proximity/contact if applicable.

6) Criminal route in extreme cases

If the breach becomes retention or unlawful transfer of the child, there may be a crime of child abduction (art. 225 bis CP). In these situations, in addition to the civil route, consider filing a complaint.

What the court can agree upon in execution

Personal requirement to the non-compliant parent.
Coercive fines proportional to each breach.
Compensation for the time lost with the children.
Intervention of the Family Meeting Point for handovers or supervised visits.
Training programs or parental support.
Modification of measures if the breach is repeated and harms the child.
Notification to the Public Prosecutor's Office when it affects the child's interest or there is a possible crime.

Family Meeting Points in the Region of Murcia

The Autonomous Community of the Region of Murcia has Family Meeting Points (PEF), where specialised professionals facilitate safe exchanges and supervised visits when the conflict requires it or as agreed by a judge. At GVC Abogados, we can request their judicial use and coordinate their implementation in your case.

Practical advice during the conflict

Avoid self-guardianships (do not retain minors either). The solution is judicial.
Maintain calmness in exchanges and prioritise the best interests of the child.
Do not link visits to payments of maintenance: they are independent obligations.
Request mediation when viable; it can resolve conflicts without judicialising every incident.
Seek advice from family law solicitors to choose the most effective strategy in Murcia.

Frequently Asked Questions

How long does a visitation enforcement take?

It depends on the court and the complexity. In many cases, a brief appearance is scheduled, and immediate measures are adopted to ensure compliance and the best interests of the child.

Can I recover lost visitation time?

Yes. In the enforcement, compensation for the time not enjoyed can be requested, in addition to coercive fines.

What happens if there is a history of violence?

Following the reform of art. 94 CC, when there are indications or proceedings for gender-based or domestic violence, the judge may limit, supervise or suspend visits to protect the minors and the victim parent.

Is it a crime to breach the visitation regime?

The mere civil breach is enforced via LEC with fines; it becomes a crime when there is abduction of minors or other criminalised conduct. In that case, in addition to the civil route, a criminal complaint can be filed.

Why choose GVC Abogados in Murcia

Experience and results: over 25 years defending family interests in Murcia. Multidisciplinary team with a prudent and effective approach.
Tailored strategy: we combine enforcement of judgments, urgent measures, and, when appropriate, modification of measures to cut repeated breaches.
Close attention: we accompany you every step of the way, always prioritising the best interests of the child.

Related Services

Family law solicitors in Murcia: custody, maintenance, modifications of measures, mediation, and Family Meeting Points.
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Civil liability and medical negligence, real estate and commercial: comprehensive advice for your family and assets.

Contact GVC Abogados

If your ex-partner breaches the visitation regime, we help you enforce it quickly and safely, protecting your children and your rights. Request a consultation with our lawyers in Murcia specialised in family law.

GVC Lawyers (García Valcárcel & Cáceres)
Plaza Fuensanta, 3 – 6ºB, 30008 Murcia

Schedule your appointment and receive a clear action plan for your case.