Father and mother not only have the obligation to support their children, providing for all their economic and food needs, but they must also satisfy all their emotional needs, safeguarding their mental and physical health. This means that the quarrels of parents in front of their children are not only deplorable from a moral point of view but are also unlawful. So much so that there is a rule that provides, in the case of a separated or divorced couple, a fine to be paid by the father and mother who continually scream undermining serenity, regardless of whether they were previously married or simply living together. Jurisprudence has repeatedly clarified the conditions for the application of this sanction.
Let’s see, in more detail, what are the legal consequences of parents’ quarrels in front of their children.
Article 709-ter of the Code of Civil Procedure establishes that, in the event of serious breaches of the judicial orders issued following the separation or divorce of the couple, or in relation to the custody of the children, or in the case of acts that may cause prejudice to the minor, the court may modify the measures already in force and may, even jointly, sentence the defaulting parent to pay a pecuniary administrative sanction, from a minimum of 75 euros to a maximum of 5,000 euros.
From this it is clear that there is no way to sanction parents’ quarrels in front of their children as long as they are regularly married or cohabiting and have not yet turned to a judge to regulate the procedures for custody of minors.
Legal grounds for the fine
The aforementioned sentence to the payment of a pecuniary administrative sanction can be optionally applied by the judge to the parent responsible for serious breaches and acts that in any case harm the minor or hinder the proper performance of the custody procedures; however, they do not assume the actual ascertainment of an injury suffered by the minor.
It is also the responsibility of each parent to take action to recover and maintain the image of the other parent towards the child. This is what the court of Rome affirmed and condemned the mother to pay 30 thousand Euros in favor of the father as the woman, instead of taking action to allow the appropriate recovery of the paternal role by the former husband, she had continued to display her disapproval in discrediting terms towards him. For the judges, in essence, both parents must respect their former spouses, who must be safeguarded towards the children and, in particular, in relation to the protection of the principle of double parenting which is based on the same shared custody.
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