The Law 25/2010, July 29th from the Second Book of the Civil Code of Catalunya on the person the family, introduces an important changes with respect to couple’ separation.:
- It introduces concepts such as co-parenting and parenting plan and eliminates the controversial term custody.
- It favors the rights of the child to:
- maintain a relationship with both parents
- to be attended by both parents
- maintain relationships with his/her siblings and grandparents
- And underlines the right and obligation of parents:
- to exercise parental responsibilities
- encouraging both parents to share responsibilities to the child after the break up.
What is a parenting plan?
It’s a written document that parents present in a separation or divorce procedure.
What does it include?
The parenting plan must specify aspects such as:
- the manner in which both parents exercise parental responsibilities (guardianship, care, and education of their children),
- where will the children live
- How are they going to distribute the time that the child(dren) spend with each parent
- how they will communicate with the children when they are not with them;
- how they are going to communicate about the children;
- relationship with grandparents
The parenting plan does not include the use of the family home or financial information (these aspects will be reflected in the ‘conveni regulador’).
If there is no agreement on the parenting plan or if it has not been approved, the judicial authority will determine how parental responsibilities and, in particular, guardianship, taking into account the joint nature of these and the best interests the child.
It is highly preferable that the parents consensuate how they will organize the coparenting post-divorce.
Services in relation to the parenting plan
In her practice, Dr. Capdevila can:
– Guide parents to prepare a parenting plan, taking into account the characteristics and needs of the children and family. This plan will be included in the ‘conveni regulador’ that your lawyer will prepare to be homologated in court.
– Conduct a family mediation to consensuate a parenting plan whenever there are disagreements.
– Offer the role of parenting coordinator for those families in a chronic high conflict situation post-divorce to help them implement the parenting plan approved by the court and make small consensuated modifications.
– Evaluate the wellbeing of the child and the attachment with each parent to help choose the best time distribution or calendar in the best interest of the child.