Equal time in co-parenting
Co-parenting is a principle established by the legal system that allows the active participation of both parents in the life of the progeny, having as the main measure the shared custody. The principle of co-parenting, however, does not involve the mathematical division of time to be spent with the children, but rather the active and significant participation of the parent in the life of the child.
To confirm this position, the Italian Supreme Court (order no. 31902/2018) has disapplied the mathematical proportion of parents’ time to be spent with the child, confirming the ratio of co-parenting.
In particular, the Court ruled on the intense and irremediable conflict between two parents, which caused the paralysis of the most important decisions in the life of the daughter. For this reason, the judges denied the greater presence of one of the parents, in order to allow the application of timely and useful decisions to the welfare of the daughter, specifying how the principle to co-parenting should be harmonized with the overall needs of the progeny and parents.
Therefore, equal time in co-parenting is to be understood as the proper presence of the parents to guarantee the child a stable lifestyle and healthy emotional relationships with both. The judge, therefore, must always consider the capacity of relationship, attention, education and availability of each party, in order to ensure the best interests of the child, excluding, if appropriate, even shared custody.