High-Conflict Separation

Navigating separation or divorce is an emotionally complex journey. When communication between spouses breaks down and conflict becomes the primary mode of interaction, the most severe consequences fall on the children, who find themselves involuntarily at the center of tensions and disputes. In these scenarios, characterized by high and persistent conflict, the Italian judicial system provides specific tools to protect the well-being of minors and help parents regain functional management of their roles. One of these tools, increasingly used by courts, is the figure of the parental coordinator. As a family lawyer in Milan, Avv. Marco Bianucci assists parents in these journeys, ensuring that their rights and, above all, the best interests of the children are always protected.

Who is a Parental Coordinator and What Do They Do

A parental coordinator is a third-party, impartial professional with expertise in psychological, social, and legal fields, appointed by the judge, by agreement of the parties, or ex officio, in particularly litigious separation or divorce situations. Their primary objective is not to replace parents but to help them implement and respect court decisions regarding child custody and care. They act as a facilitator, working to reduce conflict and promote shared decisions in the exclusive interest of the minors. Among their main tasks are managing visitation schedules, resolving disagreements on daily issues (school, health, extracurricular activities), and improving communication between parents, always in compliance with the judicial order.

The Regulatory Framework

Although there is not yet a specific law that fully governs this role, parental coordination finds its legal basis in the general principles for the protection of minors and in the judge's power to adopt the most suitable measures to ensure their psycho-physical well-being. Case law from lower and higher courts has progressively recognized and endorsed the usefulness of this tool, framing it as an auxiliary to the judge aimed at giving concrete effect to their decisions. It is crucial to understand that the coordinator does not have independent decision-making powers on matters of major importance, which remain the exclusive competence of the court, but operates within the perimeter established by the judge's mandate.

The Bianucci Law Firm's Approach

The appointment of a parental coordinator represents a delicate phase of the separation proceedings. The approach of Avv. Marco Bianucci, a family lawyer with extensive experience in Milan, focuses on the client's legal protection within this process. The lawyer's role does not cease with the appointment of the coordinator; on the contrary, it becomes strategic for overseeing the correct execution of the mandate, ensuring that the coordinator's decisions comply with the judge's orders, and intervening if critical issues arise. The Bianucci Law Firm supports the client in clearly defining the objectives of the process, dialoguing with the opposing counsel and the coordinator themselves, and, if necessary, reporting any non-compliance or difficulties to the judge, always ensuring complete and strategic legal protection.

Frequently Asked Questions

What is the difference between a family mediator and a parental coordinator?

Family mediation is a voluntary process aimed at reaching a shared agreement between spouses before or during legal proceedings. A parental coordinator, on the other hand, typically intervenes after a judge's order has already been issued, in situations of persistent conflict, with the task of helping parents concretely implement what has been established by the court. Their role is more operational and focused on the practical management of co-parenting.

Can a parental coordinator make decisions for the parents?

No, a parental coordinator does not have decision-making power on matters of extraordinary administration (e.g., change of residence, fundamental educational choices) which belong to the parents or, in case of disagreement, to the judge. However, they can make decisions, if provided for in the judge's mandate, on practical and organizational aspects of the children's daily lives, in order to unblock stalled situations and prevent conflict escalation.

Is the appointment of a parental coordinator mandatory?

The appointment can be suggested by the parties and accepted by the judge, or ordered ex officio by the judge when deemed necessary for the protection of the minor in a context of high conflict. Although a party may object, the judge has the power to appoint one anyway if they deem it the best solution for the paramount interest of the children. However, parental cooperation remains a key element for the success of the process.

How much does a parental coordination process cost?

The costs of a parental coordinator are borne by the parties, usually divided 50/50, unless otherwise ordered by the judge. The fee is determined by the professional based on hourly rates and the complexity of the case. Although it represents an additional cost, the investment can translate into significant long-term savings by reducing the need to constantly resort to the court for every single disagreement.

The Right Choice for Your Family: Contact the Firm in Milan

If you are facing a high-conflict separation and wish to understand if parental coordination could be a suitable solution, it is essential to receive clear and in-depth legal advice. Consulting an experienced family lawyer is the first step to analyzing your specific situation and defining the most effective strategy to protect yourself and your children. Avv. Marco Bianucci and the Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, offer targeted legal assistance to manage these delicate dynamics. Contact the firm for an assessment of your case and to receive the necessary support to navigate this process with expertise and professionalism.