The Role of Parental Coordinators in Resolving Post-Divorce Conflicts

The parental coordinator is a figure based on the protection of the best interests of the minor . There are countless cases in which, after the judicial divorce process , conflicts arise between parents .

Deciding if the child should make his first communion, if he will take a religion class at school, if he can take a trip or attend a party, if he should receive psychological treatment… These are some examples of parental conflict.

Parents do not always find a peaceful solution to disagreements, often using their children as bargaining chips.

Post-divorce judicial procedures increase , causing a great judicial collapse with the consequent emotional instability of the minor.

For these reasons, it is common to turn to duly qualified non-legal professionals in judicial processes . These specialists intervene to evaluate conflicts and advise the judge. For example, the figure of the family mediator.

But today, we explain the figure of the parental coordinator , different from that of the family mediator.

What is the parental coordinator

According to legal systems, the parental coordinator is presented as an assistant or collaborator of the judge with the power to resolve parental conflicts and determine the new measures by which the family will be governed.

The Parenting Coordination specialist must have training in mediation, family therapy and social work techniques.

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Can the figure of the parental coordinator be used in USA?

Although the figure of the parental coordinator is not regulated, there are many laws that protect its application in USA :

At the state level:

  • Law 17/2005, modifying the Civil Code : Establishes mediation as a voluntary means to resolve family conflicts.
  • Legal Protection of Minors Law of January 15, 1996: Enshrines the principle of agility and immediacy in procedures that affect minors to avoid unnecessary harm to the minor.

On an international level:

  • Universal Convention on the Rights of the Child.
  • European Convention on the Rights of the Minor of 1996 .

In short, the laws ensure that minors are protected at all times and effectively.

Our laws authorize judges to adopt possible measures to avoid harm to minors or to learn about the family situation. In USA there are many judges who are requesting the intervention of a parental coordinator.

It is even advisable for couples to mutually request the intervention of a parental coordinator to avoid conflicts that affect the well-being of the minor .

Parental Coordinator Role

The parental coordinator is an assistant to the Courts .

Consequently, it must have the collaboration of public and private entities, and professionals who have previously intervened with the family.

Following , the functions of the parental coordinator are:

  • Interview parents, minors, family members, teachers, and psychiatrists or psychologists who care for parents or children.
  • Collect the information you deem necessary. If it is protected by professional secrecy, the right to privacy or regulations relating to personal data, express judicial authorization will be necessary.
  • Evaluation of the situation of the minor and his family.
  • Advise and agree with parents on appropriate approach measures (schedule, guidelines and conditions for the normalization of the parent-child relationship).
  • Carry out technical opinions on the situation of the minor and his family.
  • Inform the Court of the agreements that the parties have reached with their intervention. In case of disagreement, make to the Judge the proposals for personal relationships or stays of the minors with the parents that he deems appropriate.
  • Your intervention must logically be temporary, so it will cease within three months. However, the judge may agree to an extension of another three months if it is justified.
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Parental Coordinator Obligations

The parental coordinator, according to the aforementioned ruling, has the following obligations:

  1. Act with due diligence.
  2. Be impartial.
  3. Act responsibly.
  4. Keep the data you obtain due confidentiality.
  5. Ensure compliance with court rulings on custody and visitation .

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