Child Custody

What happens in the Family Court parents' conference?

The law provides for a parents’ conference to be held whenever legal proceedings are underway in the Minors and Family Courts and there is a need to:

  • regulating parental responsibilities for the first time;
  • change a previously fixed regime;
  • decide on a non-compliance with the current regime.

The parent conference is primarily aimed at reaching an agreement between parents on the issue or issues under discussion.

However, and if it is not possible to obtain an understanding, in cases where the regulation of the exercise of parental responsibilities is at stake for the first time, the court will proceed to the provisional regulation of the situation, that is, it will establish a provisional exercise regime of parental responsibilities.

This regime will, in principle, remain in force until the final sentence and, therefore, for a period that may be quite extended, knowing that the speed of our courts is far from ideal.

The judge will use the elements he may have to establish the provisional regime and particularly the information transmitted to him by the parents and their lawyers at the parents’ conference.

In the parents’ conference, step in the parents, preferably accompanied by their lawyers, the public ministry, and the court may also summon grandparents or other people of special emotional reference to the child, and in principle, the young person or child is also heard.

It is at this conference that parents communicate to the court and prosecutors, by voice, their claims, the interests that move them, as well as what they consider to be the child’s superior interests and what they defend for their future. It is also at the conference that they will be able to provide the court with the elements it needs to proceed with the establishment of the provisional regime. If alimony is involved, the judge must be provided with the elements that will make it possible to assess the economic capacity of both parents, their regular expenses, and the needs of the child or juvenile.

It is, therefore, very important that parents prepare in advance the participation in the parents’ conference with their lawyers, knowing that it is largely with the elements that they can gather at the conference that the judge will establish the parental responsibilities provisional regime.

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