Civil measures for the protection of children of women victims of gender-based violence Authors Mónica Navarro-Michel DOI: 10.2436/20.3004.02.184 Keywords: gender-based violence, shared custody, contact rights, child protection, vicarious violence. Abstract The 2021 reform of the Catalan Civil Code has reduced the catalog of measures that can be adopted in relation to the children of victims of gender violence. The prohibition of shared custody in these cases is not a novelty; the novelty lies in the introduction of a general rule that prevents contact between the children and the father who commits gender-based violence against their mother; contact will only be possible in exceptional cases. This paper examines the regulatory pathway of civil measures in relation to minors when there is gender-based violence against their mother, and their application by the courts. Finally, the judgement by the Spanish Constitutional Court 106/2022 will be analyzed because, even though it affects Spanish law and not Catalan law, it shows that the way certain provisions are interpreted may undo all legislative efforts aimed at the protection of minors in the field of gender-based violence against their mother. Downloads Download data is not yet available. Downloads PDF (Català) Published 2025-05-16 Issue Vol. 26 (2023) Section Studies License The intellectual property of articles belongs to the respective authors.On submitting articles for publication to the journal Revista Catalana de Dret Privat, authors accept the following terms:Authors assign to Societat Catalana d'Estudis Jurídics (a subsidiary of Institut d’Estudis Catalans) the rights of reproduction, communication to the public and distribution of the articles submitted for publication to Revista Catalana de Dret Privat.Authors answer to Societat Catalana d'Estudis Jurídics for the authorship and originality of submitted articles.Authors are responsible for obtaining permission for the reproduction of all graphic material included in articles.Societat Catalana d'Estudis Jurídics declines all liability for the possible infringement of intellectual property rights by authors.The contents published in the journal, unless otherwise stated in the text or in the graphic material, are subject to a Creative Commons Attribution-NonCommercial-NoDerivs (by-nc-nd) 3.0 Spain licence, the complete text of which may be found at http://creativecommons.org/licenses/by-nc-nd/3.0/es/deed.en. Consequently, the general public is authorised to reproduce, distribute and communicate the work, provided that its authorship and the body publishing it are acknowledged, and that no commercial use and no derivative works are made of it.Revista Catalana de Dret Privat is not responsible for the ideas and opinions expressed by the authors of the published articles.
