The constitutionality of the suspension of the visitation schedule provided by article 94.4 of the Spanish Civil Code

Abstract

Doubts regarding the constitutional validity of Article 94.4 of the Civil Code have existed almost since its modification by Law 8/2021. Following the constitutional challenge numbered 5570-2021 and the question of constitutionality raised by the Court of First Instance No. 7 in Mostoles on March 22, 2022, the judgment of the Constitutional Court 106/2022, dated September 13, appears to begin to clarify them. However, it is not without generating new criticism or raising new uncertainties. This work not only examines the specifics of the provision and the limitation or suspension of the right to visitation but also reflects on the wording of the judgment and its concurring opinion. It focuses on the principle of the best interests of the child and questions the real necessity of the provision.