Psychological and economic violence in relationship breakdowns: impact on children and legal limits of co-parenting

Abstract

Psychological and economic violence in intimate partner relationships does not necessarily end with the breakdown of the emotional bond. It can persist through coercive control dynamics after the breakup, directly impacting the reorganization of the family system and the effectiveness of the principle of the best interests of the child. Far from being isolated incidents, these forms of violence constitute persistent patterns of intimidating, degrading, or dominating behaviors aimed at maintaining positions of power and control even after separation.

Psychological violence, understood as a structural framework of coercive and destabilizing behaviors, not only violates the moral integrity and autonomy of the person who suffers it, but also seriously compromises the viability of a functional co-parenting arrangement. In contexts of separation, the demand for parental cooperation can become a breeding ground for abuse when strategies of harassment, instrumentalization of children, or repeated legal action as a means of pressure persist.

This article examines the legal and psychosocial nature of persistent coercive control after separation, as well as its effects on the emotional, relational, and developmental well-being of children. It also analyzes the evolution of Spanish jurisprudence in assessing these contexts when adopting measures related to custody, guardianship, and visitation rights, highlighting the progressive incorporation of a structural perspective on violence into family law.

From this perspective, it argues that the judicial response cannot be limited to a formal conception of co-parenting, but must instead integrate a rigorous evaluation of the context of violence, prioritizing the comprehensive protection of children and the victim. Thus, the best interests of the child are established not only as an interpretative criterion, but as a decisive parameter for modulating or restricting those forms of shared parental responsibility that, in certain cases, may perpetuate scenarios of risk or emotional instability.