Parental coordination is considered an alternative method of conflict resolution, as is mediation. Although it is true that in Spain there is no legal precept that expressly recognises the figure of the Parentality Coordinator, there are a number of rules in our legal system that support its practical application, both at state and autonomous community level. This is the case with Article 158.6 of the Spanish Civil Code, which offers the judge the possibility of adopting, ex officio or at the request of a party, all the measures he considers appropriate to “remove the child from danger or prevent harm in his or her family environment or from third parties”. Consequently, the judge, ex officio, can adopt all those measures aimed at preventing the child from being exposed to the conflict between his or her parents, a matter also recognised at the international level in Article 3 of the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations on 20 November 1989. Therefore, within the material content of Article 158.6 of the Spanish Civil Code, the appointment of the Parental Co-ordinator is covered. In the same sense, Article 236-3 of Book II of the Catalan Civil Code states that the judge, “in any procedure, may adopt the measures he deems necessary to avoid any personal or financial harm to the children in parental authority”.
However, our Courts have also ruled on this figure, and thus in the Judgment of the Provincial Court of Barcelona (18th Section), no. 51/2016 of 26 January, the appointment of the Parental Coordinator in the enforcement phase of the judgment is recognised. Even so, this legal institution should not be limited only to this enforcement phase, as it will also be appropriate when there is a clear contention or simply a clear confrontation or lack of parental communication; precisely with the aim of avoiding such contention and redirecting conflictive or harmful relationships.
At WEME ASSOCIATION we promote the welfare of the child at all times and in this case, we support the recognition and application of the Parentality Coordinator in family proceedings as an alternative system of conflict resolution (Alternative Dispute Resolution).