Shared custody, according to law no. 54/2006 is the rule, but it is rarely applied in an “almost perfect” way as the Court of Genoa did with the decree of April 29, 2022. Fully satisfied with the decision, the defender of the father highlights the victory of the little girl in this case, who will thus be able to spend the same time with her mother and father. The very tender age of the child (just three years) and the conflict between the parents, as in the present case, are not an obstacle to shared custody, because the psychological and emotional balance of the child is not jeopardized, if not so if it were, this form of custody would only be residual.
The woman declares that she had a relationship with the defendant, from whom a girl was born and that after her return to Genoa, where her family lives, strong disputes arose for the custody of the daughter and that the ex-partner has no longer paid anything for child support. The woman, therefore, requests an economic contribution for the child, in addition to 50% of the extraordinary expenses and precise ruling of time to be spent with the child, by both parents. The defendant contested the version of events narrated by the ex-partner, pointing out that he has rented an apartment in Genoa to spend time with his daughter, being able to manage his work also online and that he has actually spent a lot of time with her. He asks that as set forth by the principle of double parenting, he should be allowed to continue to attend to the child also through the recognition of shared custody with equal times and child support paid directly by the parents, spending time with the child.
Shared custody with almost equal times
The Court of Genoa essentially accepts the father’s request, recalling that shared custody is the rule after Law no. 54/2006. In the present case, in fact, it provides for an “almost perfect” foster care which provides in summary the right of the child to spend, monthly, 16 nights with her mother and 12 with her father. Civil and religious holidays will follow the criterion of an annual alternation. At the same time, in the summer period, the child will be able to spend 15 consecutive days with the mother only and 15 with the father only. In the presence of work problems that could alter the visiting regime, the parent concerned must notify the other well in advance so as to allow him to organize himself. The Supreme Court, moreover, has clarified that the conflict does not prevent shared custody, otherwise this regime would have a residual application, while the minor has the right to spend the same time with mom and dad in a continuous and balanced way.
In perfect shared custody, children win
The defender of the father, comments positively and in these terms on the decision of the Court: “It is a measure of absolute common sense and that goes in the right direction”. Shared custody was introduced into our legal system as early as 2006 and, therefore, fifteen years ago. In this long period, however, the law, absolutely acceptable in its inspirational ratio, has, however, clashed with the practice, which has spread in the courtrooms, shared custody with prevalent placement (almost always in favour of the mother) which, in substance, does not differ much from the old exclusive custody. In this case, the Court of Genoa has shown itself to be in step with the times and considered correct, in the interest of the minor, the substantially equal placement between the parents. It does not seem superfluous to point out that, in the present case there is not a father or mother who loose, there is just a child who had and has the right to be with both mom and dad in an equal way therefore wins.
VGS Family Lawyers has a team of qualified Italian lawyers, all fluent in English who are specialized in Child Custody and Child Support matters.