The Spanish Association of Family Lawyers (AEAFA) has requested the Minister of the Presidency, Justice, and Relations with the Courts, Félix Bolaños, to exclude cases involving minors from negotiation processes.
Specifically, through a letter, they have demanded the «immediate suspension» of the Efficiency of Justice Law in, «at least», those processes in the field of Family Law that affect children and adolescents.
In this regard, AEAFA has warned the Ministry of the «risks» to which minors are being unnecessarily exposed due to the obligation to demonstrate having attempted one of the Adequate Means of Dispute Resolution (MASC) before filing a lawsuit, «in order to regulate essential aspects such as alimony, custody and visitation rights, and the use of the family home.»
«The Family Law profession is a staunch advocate of alternative conflict resolution methods, which are also a common practice and a requirement in our professional practice. However, we believe that the systematic imposition of MASC in these situations, far from streamlining the administration of Justice, is generating, in many cases, a blatant lack of protection for the children and adolescents of Spain and unnecessary delays detrimental to their well-being,» they have stated.
Likewise, they have indicated that «forcing» parties into a mediation or negotiation process before being able to guarantee their most basic rights, «not only unnecessarily delays the resolution of highly conflicted and vulnerable situations, exposing minors to harmful uncertainty for their comprehensive development, but also experience shows that delaying a prompt judicial response fuels the conflict.»
In the same vein, the president of the association, Lola López-Muelas, has also alerted the Ministry to the «deficient if not erroneous and contradictory regulation» of some articles of the law. Additionally, she has added that it is generating «chaos and enormous legal uncertainty, due to the great disparity of criteria being adopted by different First Instance Courts, Legal Officers of the Administration of Justice, or even Presidents of Provincial Courts.»
«This lack of uniformity in the interpretation and application of the law results in unequal treatment of citizens and great confusion among the population, negatively affecting the rights of minors throughout the national territory,» she emphasized.
Finally, AEAFA has formally requested an «urgent» meeting as soon as possible with representatives of the Ministry of Justice to propose solutions with a clear objective: «to guarantee the effective protection of the rights of minors and the proper application of justice in the field of family law.»
FUENTE
