Italian shared custody and the role of the mother
Separation and divorce constitute the unfortunate consequence of marriage and marital relationship. In this context, familiar relationships are paramount and national jurisdictions make several efforts to protect familiar relationships between children and spouses. Then, the general rule is preserving children relationships with both parents with the purpose of implementing the double parenthood principle.
This same principle is globally recognised through the New York Convention that ensures that petitioners will always promote children interest to keep a relation both with the mother and the father.
Given this scenario, the Italian Court of Cassation has confirmed previous orientation via its ordinance No. 9143/2020 regarding minor’s custody regime where the mother hindered the relationship between the minor and the father. In particular, the relation with the father has been weakened and limited by the mother’s will. The Court, while confirming the importance of double parenthood principle, reformulate the shared custody in regime in favour of father-son relationship.
In this specific case, the Court of Cassation noticed that the biggest obstacle was minor’s residence in mother’s house. The same mother who refused to build a healthy relationship between the son and his father was the biggest threat to the double parenthood principle. Based on that, the Court established that both the minor will be relocated within a community where fathers’ visiting rights will be authorised.
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