The visit regime is specified by the Code for the Protection of the Fundamental Rights of Children and Adolescents, Law 136-03 of the Dominican Republic, for that parent who has lost custody of the child, which is based on the child's right to maintain permanent contact with their father or mother. This regime is the complement of the right of custody specified in the code mentioned above, which both are extremely linked, which is why the courts when ruling regarding the custody, shall ensure the protection of the visit regime taking into account the main interest of the child.
The request of the visit regime for minor children may be filed together with the divorce procedure or even later in case it was not mentioned in the divorce decree or when necessary to amend the provisions of this decree.
Prior to the procedure before the courts, a preliminary conciliation before the corresponding District Attorney must be done; trying to achieve an agreement between parents regarding visit regime of their children. The agreement of the parents will be presented to the court for its revision, taking into consideration the circumstances, economic, emotional and social development of each parent. Without such approval, the memorandum will have no legal effect.
In case the parents did not agree in the conciliation stage, the interested parent can file a lawsuit before the Children and Adolescents Court presenting the documentation specified at the Code for the Protection of the Fundamental Rights of Children and Adolescents. In this case the presence of both parents is mandatory except in exceptional cases in which the judge may accept legal representation.
The judge always takes into consideration the child's best interests, proving the suitability of the party seeking the visit regime.
The visit regime should include the right of access to the absent parent to the child's residence, the possibility of placement in other locations and periods during which such transfer may be made; the timing and frequency of visits, as well as holiday periods, among others, also may consider the extension of visits to grandparents or older siblings, in short, all forms of contact the parent to whom granted visitation rights with her youngest child, whether telephone, written or electronic communications, subject to not infringe the rights of the child.
The provisions of the decision to grant access for visits must be respected by both parents, the violation or breach to this regime is punishable by one day in prison for each day or part of a day in which such violation is maintained, but in no case may exceed six (6) months except in the case of illegal detention of the minor, which consists in taking out of place or country of habitual residence of the minor without the permission of the competent judge for this purpose, if any disagreement existed between the parents towards this issue.
It is important to note that due to the temporary nature of the visit regime, it can be revoked by the competent court at the request of a party, where the interest of the child is justified.