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International family mediation
Infinity of mixed couples, mobility and globalization cause conflicts to arise in which it will be convenient to go to mediation, especially when we are faced with international custody issues.
There is an international family conflict when at least two countries compete in a couple relationship, either because the members have different nationalities or because without having different nationalities, they decide to separate and one of them intends to move abroad for personal or work reasons.
If we add to this that the couple has formed a family, it will be necessary to take into account the interests of all the members that compose it and with more reason it will be necessary to focus the interest on the children and their well-being, the true victims in this type of conflicts.
Mediation plays an important role in the face of this complexity of conflicts and it is very convenient that the parties dialogue and that the needs and interests of each of the parties involved are taken into account. Minors with sufficient judgment can also express their opinion in mediation.
Keep in mind that this type of conflict is aggravated when couples are made up of two people from different cultures. Normally both differ and their customs contradict each other and make them not understand those differences between them.
Mediation is a good resource to bring the parties closer together and invite them to reach an agreement to organize the visitation regime of the children peacefully or to avoid the possible complaint for the transfer or illegal retention of a minor in the in case one of the parents decides to move to live abroad.
Many couples question the execution of their agreements in their countries of origin for the mere fact of having chosen mediation instead of a judicial process to resolve the conflict.
It must be borne in mind that if there is an open judicial process, it can be stopped, the parties sign the agreement obtained through mediation and present it to the judge so that it can be approved.
In the case in which neither of the two has initiated the corresponding judicial process, the legislation provides for the execution of the agreements carried out through mediation and is increasingly inclined in that in the face of family conflicts and cross-border disputes the courts have to consider the figure of mediation.
Cross-border mediation agreements will be enforceable, will have the same validity as a court ruling and it will always be possible to go to court in occurrence of non-compliance
M.Jesus Salinas
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