Establishing personal relationships on behalf of son prevented from visiting their disabled parents

Abstract

In recent years, cases in which it is the son who request a regime of personal relations or visiting arrangements with their elderly parents with disabilities, due to the existence of family crises or conflicts, have become common. Conflicts are generated between the disabled person’s descendants. It is usually common that one of the sons is the guardian, curator, assistant or is the guardador de hecho of his or her disabled parent (the latter is the most common), with a bad relationship between him or her and his or her siblings, that is, with the remaining children of the disabled person. It is in these cases in which we observe that the judge is being asked for a visiting or personal relations regime by the descendants who are deprived of the possibility of being or communicating with their parents. This case lacks legal regulation both in the Spanish Civil Code and in the Civil Code of Catalonia and in this work we try to construct a possible solution by making a study of the family relations when the parties involved are those indicated above and the disability of the progenitor.