Children with disabilities and the visiting arrangement, communication and stays after the reform of Art.94 in the spanish civil code

Abstract

The establishment of a visiting regime after a marital crisis has a new approach in Art. 94 CC when there are children of legal age with disabilities. It was a legal lacuna that case law was filling in, either by establishing an analogy with minors or disabled persons, or by requiring the initiation of a process of incapacitation in which such visits would be provided for. The new Art. 94 CC grants a special role to the person with a disability, since with the help of support, if necessary, it is intended to take into account his or her will, wishes and preferences.