Court‐Based Interventions in Spain for Families in Divorce Transition: Challenges in the Implementation of (Co)‐Parenting Coordination

DOIhttp://doi.org/10.1111/fcre.12424
Published date01 July 2019
AuthorChus Pérez Crespo,Connie Capdevila Brophy
Date01 July 2019
COURT-BASED INTERVENTIONS IN SPAIN FOR FAMILIES IN
DIVORCE TRANSITION: CHALLENGES IN THE IMPLEMENTATION
OF (CO)-PARENTING COORDINATION
1
Connie Capdevila Brophy and Chus Pérez Crespo
Families facing sepa ration or divorce in Spain encounter a number o f obstacles, including a primarily adver sarial and slow
justice system, nonspecialized courts and judges, and a lack of resources to help them through the process. Recent legislation
at the regional level (autonom ous communities) is movingtoward emphasizing shared parental responsibility and introduc-
ing parenting plan s, while at the nation al level, legislatio n advances slowly. One of the main challe nges professiona ls are
facing in high-conict couple separation is protecting children from the effects of being in the middle of their parentscon-
ict. Traditional psychological, legal, and social services are insufcient to support parents and protect their children from
interparental hostile conictwhich can be exacerbated by litigation, professional intervention, domestic violence, or
addiction. This article illustrates, through a case study, the implementation of parenting coordination in Spain. Different
jurisdictions in S pain are slowly implementi ng (co-)parentin g coordination, an in -depth intervent ion designed to support
these families. The objective is to help families focus on childrens needs and follow the court-approved parenting plans or
court orders, reduce relitigation, and improve parental communication and conict resolution skills. This article analyzes
different aspects and challenges relating to the implementation of parenting coordination in Spain. Recommendations are
then made to address them.
Key Points for the Family Court Community:
Families facing high conict separation/divorce require highly specialized interventions and well trained legal and
psychosocial professionals.
The legal systemin Spain is in need of improvementto support professionals intervening in high conict couple separa-
tion to protect children from the effects of being in the middle of their parentsconict.
Challenges to implement parenting coordinationintervention come from the courts and professionals, the court proceed-
ings, families lackof ability or unwillingness to payfor court referred services, and lack ofregulation.
Keywords: Co-parenting; EuropeFamily Law; High-Conict Divorce; Parenting Coordination; Spain.
I. INTRODUCTION
The rate of divorce
2
in Spain is above the average for the European Union (Eurostat, 2016).
According to the latest data available (Consejo General del Poder Judicial,
3
2017), the rate of
divorce, legal separation, and marriage annulment is 2.1 per 1,000 inhabitants.
In general terms, the justice system in Spain is primarily adversarial, based on a win-lose para-
digm. As such, the focus of the legal process is not on collaboration between the parties but rather
on a strategy under the win-lose paradigm creating a winner and a loser. In all cases, parents must
be represented by a procurador,
4
whose main function is to inform his or her clients and their law-
yers of any notication or communication from the court.
According to the Instituto Nacional de Estadística
5
(INE, 2018), in 2017, 72.2% of divorces were
by mutual consent and 22.8% were contested. Legal custody (potestad) is mainly shared by both par-
ents. Physical custody (guarda) is assigned to mothers (64.8%), assigned to fathers (5%), or shared
Correspondence: draconniecapdevila@copc.cat; cpc@familiasencambio.com
FAMILY COURT REVIEW, Vol. 57 No. 3, July 2019 355361
© 2019 Association of Family and Conciliation Courts

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