Our work as lawyers specializing in family law requires us to be well-versed in the legislation governing such cases, from international laws to those governing Spain’s autonomous communities. In Catalonia, whenever a couple with minor children divorces or separates, there is a unique and essential element that both parties must understand: the parenting plan. What are its characteristics?
A parenting plan is an instrument whose existence has been provided for in the Civil Code of Catalonia since the approval of Law 25/2010. In the context of divorce or separation, any couple with children that dissolves their marriage by mutual agreement in the Catalan courts must prepare such a plan, or a proposed plan in the case of contested proceedings. Thus, it is an inescapable part of any divorce or separation agreement.
The aim of this measure is to require parents to reach a detailed agreement regarding the distribution of parental responsibilities and the fundamental conditions that will determine their children’s daily lives.
Thus, the plan is a document that specifically covers these aspects: the children’s habitual residence, custody arrangements, tasks corresponding to each parent, their communication schedule, holiday and occasional stays, the type of education they will have, and mechanisms for exchanging information and making decisions that affect the children.
Usually, a parenting plan also includes specific provisions that deal with aspects such as how the established measures may evolve as the children grow, as well as mediation entities to turn to in the event of disagreement by the parties regarding the application of the adopted agreements.
It is, therefore, an opportunity to establish an exhaustive, stable and protective solution that prevents the emergence of subsequent conflicts as much as possible. At ICN LEGAL, we can offer you tailored advice regarding the preparation of this document, in accordance with legal requirements and working to establish the most appropriate conditions based on your particular case.