Spanish Ministries Propose Legislative Reforms to Prohibit the Use of Parental Alienation Theory and Strengthen Legal Protection for Mothers in Child Custody Proceedings

Janaína Albuquerque
20 hours ago
2 min read

Updated: 19 hours ago

A panel of experts from Spain's Ministry of Youth and Children has been working on proposed amendments to the Organic Law on the Comprehensive Protection of Children and Adolescents against Violence (LOPIVI), enacted in 2021. The initiative seeks to address growing concerns raised by civil society organizations and legal experts regarding shortcomings in the protection afforded to mothers who report abuse committed by fathers against their children and who, in many cases, ultimately face adverse consequences within the judicial system themselves.

One of the principal concerns relates to the continued reliance on the theory of "parental alienation." Although this theory lacks scientific validity, it continues to be invoked in court proceedings to undermine allegations of abuse by attributing a child's refusal to have contact with a parent to alleged manipulation by the mother, rather than to the possibility of abuse or ill-treatment. In practice, it has become a mechanism that may silence mothers and benefit alleged perpetrators in child custody disputes.

The proposed reform of the LOPIVI seeks not only to prohibit the use of parental alienation as a judicial argument but also to recognize as a form of institutional violence any measures that penalize women for attempting to protect their children. Another central aspect of the proposal is to strengthen children's right to be heard and to establish protocols that prioritize their welfare and safety as paramount considerations in custody proceedings.

At the same time, Spain's Ministry of Equality has published a detailed report examining the role of parenting coordination, a practice that is used as a mandatory alternative dispute resolution mechanism in certain family law cases. Under this model, a court appoints a parenting coordinator to work with the parents, conduct interviews, and prepare technical reports intended to assist the court in evaluating the family's circumstances.

The report also includes a qualitative analysis that identifies a concerning pattern. In a number of the cases reviewed, sole maternal custody was converted into shared custody following the parenting coordinator's intervention, even where there was a documented history of domestic violence. The same pattern was observed in cases involving allegations of intrafamilial child sexual abuse that had previously been disregarded, despite children's disclosures or the presence of physical signs consistent with abuse.

The study concludes that, in practice, parenting coordination has often reproduced methodologies similar to those associated with the so-called Parental Alienation Syndrome (PAS), placing both children and their mothers at risk. It further warns that, when imposed in cases involving gender-based violence or child sexual abuse, parenting coordination may itself constitute a serious form of institutional violence.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. If you require guidance regarding your specific circumstances, please consult a qualified legal professional.