Divorce and Separation: Minor’s right to not see one of the spouses
Under separation or divorce regime, Italian Courts always focused on minors’ interest and wellbeing. In such context, minor’s interest is the leading parameter according to which judges arrange separation or divorce procedure.
Art. 709 ter Civil Procedure Code applies in those cases where it may arise controversies or non-compliance in the context of shared custody regime or responsibility for the minors. However, in the event the minor refuse to see one of the spouses, art 709 ter is unfeasible. In fact, social service and court expert have confirmed minor has taken such decision under her responsibility and autonomy.
The spouse had submitted numerous complaints in order to re-arrange minor custody regime. Moreover, the spouse claimed that minor’s decision to not see him has been influenced by the other spouse. Under these circumstances, re-arrangement of shared custody regime seemed needed. However, court has stated that the minor has the right too not see and visit one of the parents. In this case, the minor-parent relationship was not beneficial and positive. In particular, minor anxiety status has been caused by parent presence and behaviours.
Under these circumstances, minor freedom and interest constitute the corner parameter of courts decision.