INDEMNIZACIÓN DE LOS DAÑOS MORALES SUFRIDOS POR UNO DE LOS PROGENITORES AL SER PRIVADO POR EL OTRO DE RELACIONARSE CON SU HIJO.

Abstract

Depriving parent A of spending time with his or her children because the other parent B prevents parent A from doing so, regardless of whether it is a case of making it impossible for A to exercise guardianship and custody or simply by preventing A from visitation, has been regarded by the Supreme Court as the cause of a kind of actual damage, mental anguish. The Supreme Court considers that the requirements for extra-contractual liability to exist -an event, damage and a causal relationship between the event and the damage- are met. In this sense, the Supreme Court is in line with the European Court of Human Rights, which considers preventing parents from spending time with their children, born of or outside their marriage, constitutes a violation of the right to family life.