The Ministry of Equality, through the Government Delegation against Gender Violence, has reported an increase in the application of ‘parental coordination’ in cases of gender-based violence. This was highlighted by the Government Delegate against Gender Violence, Carmen Martínez Perza, during the presentation of the report ‘Parental Coordination as a New Institutional Violence’, which aims to provide a diagnosis of the application of parental coordination in the Spanish judicial system, from a gender and children’s rights perspective.
«It is time to consider the regulation of this figure, unifying criteria, guaranteeing the non-application of the False Parental Alienation Syndrome and making it clear that it is not applicable in cases of gender-based violence, with or without a criminal procedure,» Martínez Perza stated.
According to the department led by Ana Redondo, parental coordination is an alternative mandatory conflict resolution system that lacks legal support in Spain, except in Navarra, and is being applied in cases involving a background of gender-based violence or violence against children and adolescents.
The study, conducted by the Themis Women Jurists Association in collaboration with the Feminist Psychology and Psychotherapy Association, analyzes how this conflict resolution method could be a form of «institutional violence» towards minors and their mothers.
The study reveals that the application of this figure in the courts has increased, with the regions with the highest presence of parental coordination being Valencia, at 45.99%, and Catalonia, at 23.98%.
It is noted in the study that parental coordination is used as a means to ensure that imposed shared custody works when there is no consensus between the parents. Of the 151 analyzed verdicts, it was found that custody was awarded to the mother in 54.54% of cases, to the father in 9%, and shared custody in 36%. These results are significant considering the express prohibition established in article 92.7 of the Civil Code.
The study also shows that in 15.26% of these verdicts, there were previous records of gender-based violence, with ongoing proceedings or a conviction. On the other hand, there were records of dismissed complaints in 4.63% of cases.
In the same vein, Martínez Perza also expressed concern that in some cases «gender-based violence may go unnoticed under the guise of ‘high conflict’ in separation or divorce, including possible cases of violence against minors.» This refers to situations where the victim chooses not to report the violence but distances themselves from the aggressor through separation or divorce.
The study includes a qualitative section with interviews with 34 women and 6 young people. In 13 instances, custody belonged to the mother, but after parental coordination intervention, maternal custody became shared, despite the history of gender-based violence.
Additionally, Equality has pointed out that in six cases, there were previously dismissed judicial complaints of intrafamilial child sexual abuse, despite clear indications through children’s statements or physical signs.
Furthermore, 18 of the interviewed women had reported gender-based violence, resulting in a conviction with penalties of communication and approach prohibition. Additionally, Equality has added that parental coordination applies methods similar to those used in the false Parental Alienation Syndrome (PAS) that «could endanger the integrity of children and their mothers, especially when this figure is imposed in contexts of gender-based violence or sexual violence.»
FUENTE
