What does the DEMUNA do in Peru, and what doesn't it? Free mediation on child support, custody and visits
The DEMUNA is a free service at your municipality that mediates only child support, custody and visitation, and its agreements are enforceable titles if a judge has not already ruled on the matter. It also takes cases of children at risk, helps with birth registration and the DNI, and reports offences. It does not issue rulings or mediate other matters.
VerificationPartly verifiedSee the sources ↓
- 5sources cited
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- 1official institutions
El Peruano
Checked 11 Oct 2026Next review 11 Feb 2027
What is still unverifiedWe read articles 42 to 45 of the Children and Adolescents Code in the wording given by Decreto Legislativo N.º 1377 (El Peruano, 24 August 2018), the Regulation of the Defensoría service, Decreto Supremo N.º 005-2019-MIMP (El Peruano, 7 March 2019), and its amendment by Decreto Supremo N.º 003-2023-MIMP (El Peruano, 1 March 2023). We did not check whether those articles of the Code or the regulation changed after those dates. What happens when the agreement is not honoured — asking a judge to enforce it — is our reading of the agreement being an «título ejecutivo» (enforceable title); we did not read the Civil Procedure Code for this page.
What the DEMUNA is
The Children and Adolescents Code (Código de los Niños y Adolescentes) defines it as «un servicio gratuito y especializado que forma parte del Sistema Nacional de Atención Integral» (a free, specialised service that is part of the National Comprehensive Care System) (art. 42, as worded by D. Leg. 1377). These Defensorías can operate in local governments, public and private institutions and civil-society organisations; the one at your municipality is the DEMUNA (Defensoría Municipal de la Niña, Niño y Adolescente).
The MIMP (Ministry of Women and Vulnerable Populations), as Central Authority, «promueve, inscribe, conduce, norma, coordina y supervisa este servicio» (promotes, registers, runs, regulates, coordinates and supervises the service) (art. 43). Its staff must be professionals «de reconocida solvencia moral» (of recognised moral standing) and trained for the service (art. 44).
What it does
| Function | What it means in practice | Basis (Code, as worded by D. Leg. 1377) |
|---|---|---|
| Mediating child support, custody and visitation | Without being a conciliation centre. The agreement is an enforceable title if no judge has already ruled on it | Art. 45.1(c) |
| Opening deposit accounts | To pay in the support agreed in mediation | Art. 45.1(d) |
| Promoting birth registration and the DNI | And requesting registration where a child is orphaned or without family protection | Art. 45.1(e) and (f) |
| Promoting voluntary acknowledgement of children | With commitment records when a parent asks to put it on record | Art. 45.1(g) |
| Reporting misdemeanours and crimes against children | To the competent authorities | Art. 45.1(h) |
| Representing in child-support and paternity cases | Under the Civil Procedure Code | Art. 45.1(i) |
| Reporting risk situations | Reporting cases of risk of losing family protection | Art. 45.1(j) |
| Acting in risk procedures | And helping in loss-of-protection cases, at the authority’s request | Art. 45.2(b) and (c) |
| Preventing rights violations and spreading information | Prevention and care actions; information on children’s rights and duties | Art. 45.1(a) and (b) |
The regulation adds that the DEMUNA assesses each case within «hasta veinticuatro (24) horas a partir de la recepción del caso» (up to 24 hours from receipt) (art. 30.2, as worded by D.S. 003-2023-MIMP), and that it «no puede inhibirse de la atención de casos o de actuar frente a situaciones de riesgo» (cannot decline cases or refuse to act in risk situations) for lack of staff, resources or accreditation (art. 29.5).
Mediation, step by step
The regulation limits it to three matters: «La DNA celebra conciliación extrajudicial solo en materia de alimentos, tenencia, y régimen de visitas» (the DNA conducts out-of-court mediation only on child support, custody and visitation) for children and adolescents (art. 37.1).
| Stage | Rule | Regulation article |
|---|---|---|
| Hearing date | Within 10 business days from the day after the first invitation | 38.2 |
| If someone doesn’t come | They are invited a second time, with the same time limits | 38.4 |
| If they miss the second | «se da por concluida la conciliación extrajudicial» (the mediation is closed) | 38.5 |
| Maximum length | 30 calendar days from the first session, extendable if the parties agree | 38.8 |
If you reach an agreement, the mediation record is an enforceable title (título ejecutivo) for child support, custody and visitation (Code, art. 45.1(c)). Our reading is that, if it isn’t honoured, you can ask a judge to enforce it without proving the underlying right again; the procedural detail is not in the rules we read for this page.
What the DEMUNA does not do
- It does not issue rulings or impose support. It mediates: no agreement, no mediation record.
- It does not mediate other matters. Divorce, property, inheritance or parental authority fall outside the three matters in article 37.1.
- It does not revisit what a judge has decided. Its record is an enforceable title only if the matter has not been «resueltas por instancia judicial» (decided by a court) (art. 45.1(c)).
- It does not charge you. «Todo servicio que brinda la DNA es gratuito» (every service the DNA provides is free) (regulation, Preliminary Title, as worded by D.S. 003-2023-MIMP).
Mediation and commitment are not the same
Besides mediating, the DEMUNA can draw up commitment records: a commitment is «la acción por la cual la DNA propicia que una o más personas garanticen o asuman obligaciones» (the act by which the DNA gets one or more people to guarantee or take on obligations) (regulation, art. 47). The Code gives enforceable-title status to mediation records on child support, custody and visits; it says no such thing about commitment records. If what you need is the ability to enforce payment, ask for it to be a mediation.
How to file
- Find your district's DEMUNAIt operates at the municipality and is free (Code, art. 42).
- Explain the case and bring documentsIt helps to bring your ID, the child's birth certificate and whatever you have on expenses or the situation; the rules we read do not set a list of requirements. The regulation allows up to 24 hours to assess the case from receipt (art. 30.2).
- Attend the hearingThe DEMUNA invites the other party and sets the hearing within 10 business days (art. 38.2). If they don't come, there is a second invitation (art. 38.4).
- If you agree, get your copy of the agreementCheck it states the amount, payment date and method (for example, the deposit account the DEMUNA can open, art. 45.1(d)). That agreement is an enforceable title.
- No agreement, or it isn't honoured: go to courtWithout agreement, you sue for support or custody. If there is an agreement and it isn't honoured, our reading is that you can ask a judge to enforce it, because it is an enforceable title.
What people fail to ask in time
If mediation fails, do you know how a judge sets the amount of child support?
Find out before it matters →What most people believe — and what the law says
You have to pay something at the DEMUNA.
It is free by law (Code, art. 42), and the regulation, as worded by D.S. 003-2023-MIMP, says: «Todo servicio que brinda la DNA es gratuito» (every service the DNA provides is free) (Preliminary Title).
The DEMUNA can force the father to pay child support.
The DEMUNA mediates: an agreement depends on both sides reaching it. If the other party misses the second invitation, the mediation is closed (regulation, art. 38.5) and the route is the court.
A DEMUNA agreement is just a piece of paper.
A mediation agreement on child support, custody or visits is a «título ejecutivo» (enforceable title) (Code, art. 45.1(c)), provided a judge has not already ruled on the matter.
I can settle my divorce or split property at the DEMUNA.
The regulation limits DEMUNA mediation to «alimentos, tenencia, y régimen de visitas» (child support, custody and visitation) for children and adolescents (art. 37.1). Anything else is outside its remit.
If there's already a court ruling on support, the DEMUNA can change it.
The agreement is an enforceable title only «siempre que las mismas materias no hayan sido resueltas por instancia judicial» (provided the same matters have not been decided by a court) (Code, art. 45.1(c)).
Frequently asked questions
How long does DEMUNA mediation take?
The hearing is set within 10 business days from the day after the first invitation is sent (art. 38.2), and mediation can run up to 30 calendar days from the first session, extendable if both parties agree (art. 38.8).
What if the other parent doesn't show up?
They are invited a second time, with the same time limits (art. 38.4). If they miss that too, the mediation is closed (art. 38.5). You can then sue in court; the DEMUNA can represent you in child-support proceedings (Code, art. 45.1(i)).
Can the DEMUNA turn me away because it is short-staffed?
No. The regulation says the DEMUNA «no puede inhibirse de la atención de casos o de actuar frente a situaciones de riesgo» (cannot decline to take cases or act in risk situations), including for lack of staff, resources or accreditation (art. 29.5).
Does the DEMUNA serve foreign families?
The rules we read speak of children and adolescents without distinguishing nationality. Our reading is that the DEMUNA of the district where the child lives must take the case.
What is a commitment record (acta de compromiso)?
It is different from a mediation agreement. A commitment is the act by which the DEMUNA gets one or more people to take on obligations (regulation, art. 47). The Code gives enforceable-title status only to mediation agreements on child support, custody and visits.
The exact law
Decreto Legislativo N.º 1377 (wording of articles 42 and 43 of the Children and Adolescents Code)Article 4, amending articles 42 and 43 of the Coderead
Children's ombudsman service (Defensoría de la Niña, Niño y Adolescente): free; supervised by the MIMP
«La Defensoría de la Niña, Niño y Adolescente es un servicio gratuito y especializado que forma parte del Sistema Nacional de Atención Integral.»
Decreto Legislativo N.º 1377 (wording of article 45 of the Children and Adolescents Code)Article 4, amending article 45 (paragraphs 45.1 and 45.2) of the Coderead
Functions of the Defensorías and additional functions of the DEMUNAs
«emitiendo actas que constituyen título ejecutivo en materia de alimentos, tenencia y régimen de visitas, siempre que las mismas materias no hayan sido resueltas por instancia judicial.»
Decreto Supremo N.º 005-2019-MIMPArticle 47read
Regulation of the Defensoría service: the commitment record (acta de compromiso)
«El compromiso es la acción por la cual la DNA propicia que una o más personas garanticen o asuman obligaciones»
Decreto Supremo N.º 003-2023-MIMPArticle 1, amending article IV and article V (paragraph 7, and adding paragraphs 10 and 11) of the Preliminary Title and articles 29.5 and 30.2 of the Regulationread
Free service, time to assess a case, and duty to attend
«Todo servicio que brinda la DNA es gratuito.»
↳Article 1, amending articles 37.1 and 38 (paragraphs 38.2, 38.4, 38.5 and 38.8) of the Regulationread
What the DEMUNA can mediate, and the mediation hearing
«La DNA celebra conciliación extrajudicial solo en materia de alimentos, tenencia, y régimen de visitas»
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What this page already lets you do
- Name the rule that protects you
- Copy the exact article and send it
- Follow the steps, in order
What this page does not give you yetWe read articles 42 to 45 of the Children and Adolescents Code in the wording given by Decreto Legislativo N.º 1377 (El Peruano, 24 August 2018), the Regulation of the Defensoría service, Decreto Supremo N.º 005-2019-MIMP (El Peruano, 7 March 2019), and its amendment by Decreto Supremo N.º 003-2023-MIMP (El Peruano, 1 March 2023). We did not check whether those articles of the Code or the regulation changed after those dates. What happens when the agreement is not honoured — asking a judge to enforce it — is our reading of the agreement being an «título ejecutivo» (enforceable title); we did not read the Civil Procedure Code for this page. See the sources ↑