Child custody in gender violence cases in Alicante

When there is violence, the priority is to keep the children safe. We fight for their protection in court and, when a father is unfairly accused, we also defend his right to keep his relationship with them.

Reviewed by Celeste Pérez Bleda, Bar member no. 7301 · Updated October 2026

In short

In proceedings involving gender or domestic violence, the Civil Code (Código Civil) rules out joint custody when one parent is facing criminal proceedings for an attack on the other parent or the children, or when there are well-founded indications of violence (article 92.7). It also prevents contact arrangements being set in those cases, unless there is a reasoned decision based on the best interests of the child (article 94). Under Organic Law 1/2004, the children of women who are victims are themselves considered victims of gender violence.

What the judge decides and on what criteria

Every decision is guided by the best interests of the child. When there is violence within the family, the judge may order:

Sole custody for the parent who is not under investigation.
Suspension of contact, or supervised contact at a family contact centre (punto de encuentro familiar) where contact continues.
Suspension of the exercise of parental authority (patria potestad) and, in the most serious cases, its removal.
Child maintenance and allocation of the use of the family home.

Children who are mature enough have the right to be heard, with the safeguards needed to ensure the process does not cause them further harm.