Establishing a child visitation schedule in the case of parental divorce is an important aspect of protecting the best interest of the child and maintaining a healthy relationship between the child and both parents. In this article, we will explore the importance of establishing a progressive visitation schedule and analyze some relevant judicial decisions in this regard.
Contents
The Importance of Establishing a Progressive Visitation Schedule for the Minor
In a previous article about establishing the alternative residence of the minor in the case of parental separation, we showed that, after divorce, in order for the effects of the parents’ separation to be as minimally felt by the child, the ideal option would be for the child to have the real opportunity to equally benefit from the love and care of both parents, meaning to spend approximately equal time with both the mother and the father.
However, this option assumes that both parents were involved in the upbringing and care of the minor during the marriage and, as such, are capable of meeting the child’s concrete needs.
Nevertheless, there are numerous practical situations where, for various reasons, one of the parents has not been involved at all in raising and caring for the child, or their involvement has been minimal. This is especially the case for very young children who have typically been cared for solely by their mothers from birth.
In this situation, considering the generally young age of the child, the undisputed attachment to the mother, as well as the fact that the parent who did not care for the minor is unfamiliar with the child’s eating habits, routine, sleep schedule, activities, etc., it is not possible to initially establish a program in which the minor spends equal time with both parents, or a schedule in which the child would be separated from the mother overnight or for extended periods.
The Need for a Visitation Schedule Adapted to the Child’s Needs
Given the circumstances mentioned, such a schedule would be a source of imbalance for the child and could affect the child’s sense of belonging, as well as their sense of security and stability.
When establishing a visitation schedule, consideration must be given to the age and needs of the minors, as well as to the capacity of the parent with whom the schedule is established to meet those needs. It is essential that the schedule takes place in an environment conducive to the child’s harmonious and safe development.
Thus, in these situations, the ideal solution is to establish a progressive visitation schedule for the child.
What Does a Progressive Visitation Schedule Mean?
In practice, through such a program, the establishment of a relationship between the father and the minor will happen progressively, up to a certain age of the minor, with shorter visits, possibly only during the day, which will lay a relational foundation before this parent takes the child to their home overnight or for extended periods. This is to avoid stressing the child, who must go to a new and unfamiliar environment, and to build trust and affection so that gradually the child feels safe during the night or for extended periods, even without the mother.
We believe it is essential in these cases for the relationship between the parent and the young child to be gradually strengthened, as the child needs stability, particularly regarding the sense of belonging to a specific family environment and home.
Judicial Decisions Supporting the Progressive Visitation Program
In line with our opinion, there are numerous judicial rulings in which a progressive visitation schedule for the child has been established, as follows:
1. Civil Decision No. 628/2021 of 24.03.2021 – Olt Court
“Regarding the appeal point asserting the lack of justification for the decision establishing a progressive visitation schedule with the minor, the court notes that the first instance found that although the respondent-petitioner had not had a close relationship with the minor, he wished to strengthen this relationship. In this regard, the testimonies of the witnesses proposed by the petitioner, F_______ F_____ and I_______ I______, revealed that the respondent-petitioner had tried several times to see his child, but the appellant-defendant opposed him.
In this context, the court ruled that the child’s best interest required the establishment of a gradual and progressive personal relationship between the two, initially through a reduced visitation schedule at the child’s residence, and later through the extension of the schedule to the father’s home. It was considered that, based on the child’s age and his need for normal physical-psychological development, the visitation program established by the court would lead to the restoration of the natural bond between the child and the separated parent.
From the above considerations, it is evident that the first instance provided a well-reasoned decision, effectively applying the criteria set forth in Article 17 (4) of Law No. 272/2004, according to which, in case of disagreement between the parents regarding the modalities of exercising the right to have personal contact with the child, the court will establish a program depending on the child’s age, care and education needs, the emotional bond between the child and the non-residential parent, the latter’s behavior, and other relevant aspects specific to each case.
Contrary to the appellant’s claim, given the minor’s young age (2 years and 4 months), a personal relationship program, even limited to 2 hours weekly, but over a reasonable period of 6 months, is sufficient for the establishment of a close relationship between father and son (a relationship essential for the child’s harmonious development), provided both parents respect the program. It should be emphasized that to achieve this beneficial result, especially for the minor, but not exclusively, both the father’s active involvement and the mother’s attitude in supporting the maintenance of personal relationships between the child and the father (in accordance with article 18 (3) of Law No. 272/2004) are of crucial importance.”
2. Civil Sentence No. 8749/2016 of 06.07.2016 – Constanța Court
“Considering these provisions, and the factual situation in the case as previously stated, the court finds that it is indeed in the child’s best interest to maintain the relationship with the father by approving a visitation schedule, given the child’s young age, as there is a risk of irreparable harm to the relationship.
However, considering the need to bring the child closer to the father, and the absence of indications that the child would be unsafe in the petitioner’s presence, the court finds it necessary to establish a visitation schedule in the presence of the mother, as at least for a period, this form of relationship between the minor and the father is the only option that would allow the child to be receptive to getting to know and bonding with the father. The court also considers that the child does not know the father, and has lived only with the mother during this time, so leaving the child alone with the father could create significant emotional instability, especially since the father lives at a considerable distance from the child’s current residence.
Therefore, the court partially grants the petitioner’s request, establishing a progressive visitation schedule over the course of 1 year, to take place at the mother’s residence, as follows: (…).”
3. Civil Sentence No. 215/2019 of 14.03.2019 – Dej Court
“In this case, the court finds that establishing a different visitation program for the minor by the father is appropriate, given that personal relationships are necessary for ensuring the development of an emotional bond, especially when the parties do not cohabit. In this regard, the court considers the positive aspects revealed by the representatives of the guardianship authorities in the social investigations conducted at the parties’ residences, indicating that both the petitioner and the defendant have suitable living spaces for the child and are attempting to provide an emotionally and materially appropriate existence according to the child’s age. Regarding the actual visitation schedule proposed by the petitioner, the court finds it suitable to the minor’s best interest, considering the child’s young age, as this child needs stability, particularly in terms of belonging to a specific family environment and home. The schedule addresses the need for personal contact during special occasions, provides a rhythm for visitation that lays the foundation for consolidating the parent-child relationship, and responds to the child’s need for stability, with the relationship being progressively strengthened.
Thus, the court will admit the claim filed by petitioner M___ D_____ I___ against the defendant V____ E______, and the petitioner will be granted personal contact with the minor M___ A______ Darius, born on 07.08.2016, according to the following schedule: on the first and third Sunday of each month, between 4:00 PM and 7:00 PM, with the petitioner required to pick up the child from the mother’s home and return him there. On the second and fourth Saturday of each month, from 5:00 PM to 6:00 PM Sunday, with the petitioner required to pick up the child from the mother’s home and return him there. On even years, from December 24th, from 4:00 PM to December 25th, 6:00 PM, on Easter Day, from 10:00 AM to 6:00 PM, on August 7th, from 10:00 AM to 5:00 PM, on August 27th, from 10:00 AM to 5:00 PM, and on June 1st, from 4:00 PM to 7:00 PM, with the petitioner required to pick up the child from the mother’s home and return him there. During the summer holiday, 10 days, with the petitioner required to pick up the child from the mother’s home and return him there. During the winter holiday, 3 days, with the petitioner required to pick up the child from the mother’s home and return him there. This visitation schedule is sufficient for maintaining the permanent bond between the petitioner and his son, and is likely to contribute to consolidating their personal relationship.”
4. Civil Sentence No. 3414/2020 of 23.07.2020 – Cluj-Napoca Court
“Regarding the minor __, considering the child’s young age, the undeniable attachment to the mother, and the fact that in the past year since the defendant left the common residence, he has not stayed overnight with the minor, a visitation schedule will be established for the father during the summer vacation, during the same two weeks of August, daily from 11:00 AM to 7:00 PM, with the child moving to the father’s home, provided that the father is on vacation and spends actual time with the minor, until the child reaches 3 years of age, after which the same schedule as for the parties’ daughter will be established, with the court considering that at nearly 4 years old, the minor will be familiar with the father and will be able to spend two weeks away from the mother.”
Conclusion
By analyzing judicial practice and the importance of visitation schedules tailored to each child’s specific needs, we can conclude that establishing a progressive visitation program is often the most suitable solution when one parent has not been involved in the child’s upbringing. By gradually adapting the schedule to the child’s age and needs, a smoother and more comfortable transition can be ensured, helping to establish a healthy and harmonious relationship between the child and both parents.
To ensure that your child’s interests and rights are properly protected during the legal procedure, we recommend consulting a family law specialist.
