Foster care

The Supreme Court (TS) has ruled on a particularly delicate matter: a mother wanted to visit her two daughters who are in permanent foster care after being declared neglected and are currently under the care of the Administration. It turns out that the Valencian Government expressly denied these visits. When the mother decided to go to court, both the court of first instance and the Provincial Court rejected her request, to the surprise of many, because they considered that too much time had passed since the declaration of neglect: more than two years, which is the deadline set by the Civil Code for parents to request the revocation of a neglect declaration. The mother did not give up and appealed to the Supreme Court alleging that this

violated fundamental rights of both her and her daughters, because it prevented any contact between them and did not even allow a judge to assess the specific circumstances. The Supreme Court ruled in her favor: it concludes that this two-year period only limits the time to request the revocation of neglect, but does not affect the right of parents to challenge before the courts a specific administrative decision (for example, one that denies visits), as long as they do so within two months from the notification of this decision. Thus, the Supreme Court insists that administrative decisions affecting visits between parents and children must be able to be

reviewed by a judge to ensure the best interests of the minors and the rights of their parents. The administration cannot indefinitely suspend visits without judicial oversight, and each case must be periodically reviewed to always protect the well-being of the minors. If you find yourself in a similar situation as described, our professionals can provide you with the appropriate legal assistance for a solution tailored to your interests and those of your children.