Home Practice Areas About Us FAQ Contact Book your legal consultation
Home/Civil Law/Child Visitation Rights
Family Law

Child Visitation Rights in Chile

In Chile, contact is both a right and a duty of the parent who does not live with the child, and the courts can enforce it.

Direct and regular contact

Chilean law does not speak of visitation but of relación directa y regular, regulated in article 229 of the Civil Code. The parent who does not have day-to-day custody has the right and the duty to keep direct and regular contact with the child. Parents may agree on a schedule, and the courts can set or modify one when they cannot.

The arrangement can cover weekends, school holidays, overnight stays, video calls and travel. The judge will apply the best interests of the child, and may extend contact to grandparents and other relatives when it benefits the child. The process starts with mandatory family mediation, then the Family Court if there is no agreement. Contact is decided on the child's needs, so a schedule that suits the parents but ignores school, age and travel time rarely holds up. Orders that are specific about dates and handovers are far easier to enforce than general promises.

What we handle

Setting a schedule

Negotiating or requesting a detailed calendar for weekends, holidays, birthdays and school breaks.

International schedules

Plans for a child and a parent living in different countries, with flights, long summer blocks and remote contact.

Enforcing contact

Acting when a parent blocks visits or fails to attend without cause, using the remedies the Family Courts provide.

Supervised or restricted contact

Presenting or contesting safeguards where there are concerns about safety.

Modifying an arrangement

Adjusting orders when a parent moves, the child ages, or school and work routines change.

Visits and support are separate

Chilean law treats the parent's contact rights and the child's right to support as two separate matters. A parent who does not pay does not automatically lose contact, and a parent who is denied contact cannot lawfully stop paying. Using one as a pressure tool tends to backfire in court.

If you are in a conflict where both are mixed, we separate the issues and file in the right place. The Family Court can address both, with clear findings on each. Keep a written record of every missed payment and every refused visit, because dates and messages are what judges rely on.

When one parent lives abroad

Long-distance schedules work best when they are specific: which holidays, who pays travel, how video calls happen, what documents the child needs to travel. Without those details, a judgment is hard to enforce. We draft clauses that remove ambiguity, including who books and pays flights, how handovers work and what happens if a flight is cancelled or a school calendar changes.

Travel with the child abroad for a visit still requires the authorization rules in Ley 16.618. Where a parent unjustifiably fails to comply with an established visitation regime, the law allows a court to authorize the other parent to travel with the child within limits. For more on exit permits, see our minor travel consent page.

Contact arrangements for families split across borders

01

Your situation

Tell us where everyone lives, the ages involved and what contact looks like now. We propose a realistic schedule.

02

Authority to act

A power of attorney from a Chilean consulate or apostilled abroad lets us attend mediation and court for you.

03

Agreement or ruling

We aim for an agreement a judge can approve, and litigate if the other side will not move.

Child Visitation Rights — common questions

What English-speaking clients ask us most about this specific service.

Does the non-custodial parent have a legal right to see the child in Chile?
Yes. Article 229 of the Civil Code gives the parent without day-to-day care the right and duty to maintain direct and regular contact, unless the court finds it harms the child.
Can video calls count as visitation?
They can be part of the arrangement, especially for parents living abroad, but they do not replace in-person time. Courts are more receptive when the plan is concrete.
The other parent is blocking my visits. What can I do?
Document each failure, go to mediation and, if needed, ask the Family Court to enforce the regime. The law provides remedies against unjustified non-compliance.
Can grandparents ask for contact?
The law allows judges to extend the contact regime to grandparents and other relatives where it serves the child. It is decided case by case.
Can I stop paying support if I am denied visits?
No. The two obligations are independent, and withholding support creates its own legal problems. Address the contact problem through the court.

Talk to a Chilean lawyer about visitation rights

Get an initial assessment in English, confidential and with no obligation.

Book your consultation now →
WhatsApp+56 9 5217 5304
Emailhola@oklegal.cl
HoursMon–Sat 09:00–20:00