Legally reviewed on 11 October 2026
By Javier Sanz, lawyer, ICALI 8620
An allegation of gender-based violence can have an immediate effect on contact with children, even before the criminal case reaches a final outcome. Spanish courts must balance the children’s best interests, safety, the rights of the parties and the procedural stage of the allegation. There is no safe general answer based only on the fact that a report has been made.
Urgent advice is essential where a protection order, no-contact condition or existing child-arrangements order is involved. A parent must not improvise contact outside the terms of a court decision.
How can an allegation affect child contact?
The criminal court may consider precautionary measures concerning communication, approaching the other parent, the home and, in appropriate cases, children. Connected family proceedings may also come within the jurisdiction of the specialist court when the statutory conditions are met.
Spanish family law places significant restrictions on contact in certain circumstances involving criminal proceedings or indications of domestic or gender-based violence. The precise result depends on the alleged offence, the evidence, risk, the child’s circumstances and current judicial interpretation. A court may suspend contact, maintain a restriction or make a specifically reasoned arrangement where legally permitted.
Follow every court order exactly
Read the operative part of each order with your lawyer. A prohibition on communicating with or approaching the other parent may apply even when the purpose of contact is to discuss the children. It may also cover indirect messages sent through relatives, friends, schools or social media.
The protected person cannot privately waive a criminal court restriction. If handovers, medical decisions or urgent child issues need to be addressed, use the channel authorised by the court or have your lawyer request clarification or variation. A breach can create a new criminal problem and undermine the family case.
Does a pending case have the same effect as a conviction?
No. An allegation and precautionary measure do not establish guilt. The accused retains the presumption of innocence. Nevertheless, family and criminal courts do not have to wait for a final conviction before taking proportionate protective decisions where the law allows and the available information indicates risk.
If the criminal case is dismissed or ends in acquittal, child arrangements do not necessarily change automatically. The family court may need to review its order, and the reasons for the criminal outcome matter. Equally, dismissal or acquittal does not by itself prove that a complaint was deliberately false.
How can contact be reviewed or reintroduced?
A lawyer can identify the correct application and court. Relevant material may include the criminal decision, current risk assessments, expert reports, the child’s needs, compliance with earlier orders and evidence of parenting capacity. Depending on the case, the court may consider supervised contact, a contact centre, a phased arrangement or continued suspension.
Do not coach a child, ask them to carry messages or record them repeatedly about the proceedings. Attempts to manufacture favourable evidence can harm the child and the case. Concerns about the child’s account or wellbeing should be raised through lawyers and qualified professionals.
The child’s best interests are central
The child’s welfare is not limited to physical safety. Courts can consider emotional security, exposure to conflict, continuity of care, age, expressed views where appropriate and relationships with each parent. Siblings and specific support needs may also be relevant.
A parent seeking contact should present a realistic plan that respects safety and reduces conflict. A parent opposing contact should explain the concrete risk and provide available evidence rather than rely on general accusations. Both should avoid criticising the other parent to the child.
Why informal agreements and mediation may be unsafe
Private contact that conflicts with a court order is not a solution. Nor is mediation universally available: Spanish law excludes mediation and conciliation in specified gender-based and sexual-violence contexts. Where violence is alleged, ordinary co-parenting advice may fail to address power imbalance and legal restrictions.
Use written, lawful channels approved for the case. If there is no restriction but communication is highly conflicted, a family lawyer can propose proportionate interim measures without escalating personal contact.
Practical next steps
- Give your lawyer every criminal and family order, including earlier orders from another country.
- Keep a factual record of compliance, handovers and child-related expenses.
- Preserve complete communications; do not edit screenshots or delete context.
- Use only the communication or handover method authorised by the court.
- Seek urgent advice before travelling with a child or changing residence.
Our family law service can address connected child arrangements. If you are the accused, read the guide on what to do after a gender-based violence allegation and the page on criminal defence after an allegation.
Get advice before arranging contact
Contact Javier Sanz with the current orders and procedural documents so the lawful next step can be assessed. If a child or adult is in immediate danger, call 112.
Official sources
- Organic Law 1/2004 on gender-based violence (BOE)
- Spanish Criminal Procedure Act (BOE)
- Spanish Civil Code, including Article 94 (BOE)
- Law 4/2015, Statute of the Victim of Crime (BOE)
This article is general information. It does not replace advice based on the current court orders, evidence and needs of the child.