Limited visiting rights under shared custody regime
Italian Cassation Court held that only the judge is entitled to make all the arrangements for exercising parental visiting rights. In particular, taking in consideration minor’s interest, the judge is entitled to reject spouses’ timing of visit.
The first-instance Court has found that father’s visiting hours were too much fragmented complex, and dysfunctional. Then, in respect of the best interests of the child, judge aims to provide minors with serenity and stability. Doing so, The Court has the power to assess spouses visiting rights schedule.
The father also claimed that since his visiting rights have been unlawfully limited, the shared custody regime is in reality a sole custody regime. The Court of Cassation has rejected father’s claim by affirming that a shared custody regime does not exclude that minor might live at one spouse’s residence. In such context, the other spouse shall propose an acceptable regime for the exercise of his/her visiting rights.