What are international contact rights?
International contact rights regulate a child’s right to maintain regular contact with a parent living in a different country, as well as that parent’s right to spend time with their child.
This situation usually arises in cross-border separation or divorce cases: when the parents have different nationalities, when one of them moves abroad after the breakdown, or when the child lives in a different country from one of the parents.
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Which rules apply?
International contact rights in Spain are not governed by a single set of rules. The applicable framework depends on the countries involved, the child’s habitual residence and whether there are previous court decisions on parental responsibility.
Within the European Union, Regulation (EU) 2019/1111, known as Brussels II ter, provides rules on jurisdiction, recognition and enforcement in parental responsibility matters, including contact rights.
Judgments on contact rights issued in one Member State may be recognised and enforced in other Member States in accordance with the mechanisms provided for by the Regulation.
At international level, the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1996 Hague Convention on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children may apply between signatory States.
How does it work in practice?
International contact arrangements require careful planning, as visits often involve travel between countries, coordination of school holidays and practical decisions about costs, documents and communication.
Court orders or agreements typically include:
- Regular visits by the child to the non-resident parent’s country, or by the parent to the child’s country.
- Division of holiday periods, such as summer, Christmas or Easter holidays.
- Clear rules on who bears the travel costs.
- Arrangements for handing over and collecting the child, including airports, schedules and necessary documentation.
- Regular communication arrangements, such as video calls or phone calls, during periods without in-person contact.
- A protocol for illness, delays, cancellations, unforeseen circumstances or difficulties in compliance.
The more specific the agreement or court order is, the lower the risk of conflict when it has to be applied in practice.
What happens if arrangements are breached?
Breach of international contact arrangements can have serious consequences, especially when it affects the child’s return to their country of habitual residence or prevents contact with the other parent.
If the resident parent prevents the agreed contact or moves the child to another country without authorisation, this may amount to international child abduction, with significant legal consequences.
If the non-resident parent breaches the conditions —for example, by not returning the child at the agreed time— the resident parent may invoke the judicial and international cooperation mechanisms available to protect the child and restore the situation.
Relocating abroad with the child
One of the most frequent disputes in International Family Law is the unilateral relocation or removal of a child abroad by one parent without the other parent’s consent.
Where that move is not authorised and breaches custody or parental responsibility rights, it may trigger the return procedures under the 1980 Hague Convention, provided that the Convention applies.
If one parent wishes to move abroad with the child, they generally need either the other parent’s written consent or court authorisation. Any decision must always be assessed in light of the child’s best interests.
Why clear arrangements matter
In cross-border custody cases, vague arrangements often create practical problems. It is not enough to state that the parent may see the child during holidays or communicate regularly: dates, travel costs, documentation, handover points, schedules and communication methods should be clearly defined.
Clear regulation helps protect the child’s right to maintain a relationship with both parents, reduces the risk of breach and makes enforcement easier if the decision needs to be relied on in another country.
To consult the general regulation of contact between children and parents, you can visit our entry on contact and visitation.