The procedural counsel is also known as the child’s attorney and represents the interests of the child.
Ms. Fernández de Castillejo, Attorney at Law, successfully completed her training as a legal counsel in May 2012.
A procedural counsel has the task, in recognition of the basic rights of the child, to allow the child to bring his or her own interests into proceedings independently of those of his or her parents. Often, due to a conflict of interest, the parents are not in a position to take the child’s interests properly into account.
The taks of the procedural counsel is to clarify the special position of the child in the proceedings which can lessen the stress upon the child.
A procedural counsel independently and autonomously represents the interests of the child. They are, therefore, not bound by instructions of the court and are not under the court‘s supervision.
Furthermore, as a unilateral representative of interests they are not obliged to be objective. The legal counsel is subject to a duty of confidentiality and accordingly has a right to refuse to testify.