Does spouse’s conflict affect shared custody regime in Italy?
Separation and divorce constitute the unfortunate consequence of marriage and marital relationship. Then, in the previous cases, family law points out a set of measures and processes that shall be undertaken with the purpose of protecting the children. In this context, custody regimes and visiting rights represent important steps to carry out in the interest of the child.
Given this scenario, spouses’ relationship is an important parameter that shall be assessed by Courts when establishing a certain parental custody regime. Generally speaking, mere conflicts between spouses do not affect courts’ decisions in this sense. However, the Court may assess the conflict shall be within certain limit that does not impact children emotional sphere. In this sense, the landmark parameter for parental custody regime is the children interest.
Rome Court rejected spouses’ shared custody claim because conflicts denied the chance of obtaining a shared custody regime. In this case, the Court rejected the claim due to the tension and stress caused by spouses’ disputes over children. In particular, the Judge has ensured the miserable status of spouses’ relation. In addition, the Court has revealed immature spouses’ attitude that did not accept the end of their marital relationship. Subsequently, the couple was not able to responsibly interact with their parenthood sphere.