Family Coexistence between Parents and Children: Limits of the Sanctioning Model and the Promotional Function in Family Law

Abstract

Family coexistence, a fundamental right of children and adolescents, has traditionally been addressed by the legal system from a sanctioning perspective. However, in practice, paternal absence is often “normalized” within a structurally sexist and misogynistic culture, resulting in maternal overload and the perpetuation of inequality in parental co-responsibility. This study investigates the feasibility of promotional law as an alternative to the exclusively coercive model, analyzing its implementation both by the Judiciary, through the integrative interpretation of legal norms, and by the Legislature, through the formulation of institutional incentives. Using a qualitative approach and the hypothetical-deductive method, the research proposes normative mechanisms capable of encouraging coparenting and minimizing litigation. It concludes that the adoption of reward-based sanctions and incentive policies can transform family coexistence into a practice encouraged by the State, shifting the focus from judicial imposition to the voluntary engagement of parents.