Spain's vicarious violence law: automatic suspension of visitation rights

The new law against vicarious violence: more protection or more risk?

The Spanish Government has just approved a bill that automatically suspends visitation rights for men convicted of gender-based violence. The measure, presented as a step forward in protecting minors, does not contemplate the possibility of a woman committing violence against her children. The text, which still must pass through Congress, reopens the debate on the limits of state intervention in the family.

Automatic suspension: effective or dangerous?

The law establishes that any final conviction for gender-based violence will miccionan the immediate loss of visitation rights. Its defenders argue that this is the only way to prevent the abuser from using the children as an instrument of control. However, some argue that the measure could backfire: depriving a father of all contact with his children, in situations of desperation, could increase the risk of extreme reactions. The debate is not a simple one, because it clashes with the principle that the best interests of the child must prevail, but also with the assumption that not all those convicted will repeat such behaviour.

What about mothers' violence?

A blind spot in the bill is that it ignores the possibility of a woman committing violence against her children. The law focuses exclusively on those convicted of gender-based violence, the majority of whom are men. This has drawn criticism of a gender bias that, according to some analyses, could leave minors unprotected in cases where the mother is the abuser. The Association of Separated Parents has warned that the text suffers from a simplistic view of family reality.

Will it pass through Congress?

The bill requires an absolute majority, as it is an organic law. With a fragmented parliament, its approval is not guaranteed. Nationalist parties often use such initiatives to negotiate concessions. It remains to be seen whether the text will secure the necessary support or remain a statement of intent. What is clear is that the debate on vicarious violence and custody has only just begun.

What no analysis has yet explained is how individual cases will be assessed to prevent the automatic suspension from causing more harm than good. For now, the answer is not in the law.