Italian Court of Cassation has rejected a mother’s complaint against court’s decision in terms of shared custody regime. In particular, the Court confirmed the shared custody regime establishing the child will preferentially live with the father. In such decision, the Italian Court has confirmed that minor’s interest is the leading requirement. Subsequently, Courts need to take in consideration parents’ conducts and their capacity to develop a positive relationship with the offspring.
In this case, the Court has opted to place the child with the father due to his capacity to offer stability and affective bond. According to a consolidated interpretation, in the context of shared custody regime, courts should always privilege mother custody. However, this is not an absolute interpretation. In fact, Courts need to assess parents’ capacity to educate and raise children.
In the present case, Italian Court assessed that father is able to offer stability and a regular education. Contrarily, the mother seems to be too permissive and unable to offer a solid education and stability. Based on these circumstances, Italian Cassation Court has confirmed children shared custody with the father.