The Italian double parenthood principle and minors’ interest
Covid-19 outbreak has determined the worldwide emergency status where all countries are making efforts to limit health emergency. In this scenario, a fundamental aspect to take into consideration family situations of separated or divorced spouses. In the light of minors’ interests, it is important to assess visiting rights and parenthood schemes during this epidemiological phase.
The general rule is to preserve children relationship with both parents in order to implement the double parenthood principle. The same principle is paramount in the context of shared custody scheme because it constitutes a concrete implementation of the interest of the minor.
Shared custody regime is the instrument that Italy and other New York Convention petitioners need to implement with the purpose of ensuring that children will always have an affective relationship with both parents. In addition, the minor has the right to maintain a balanced and healthy relationship with both spouses.
Although the art 1 of Italian Ministerial Order affirmed that all trips are prohibited with the exception of internal relocation for work and health reasons. After that, the Government confirmed that the exercise of visiting rights constitute another exemption. However, Italian Courts are releasing non-uniform decisions when assessing spouses’ visiting rights during such pandemic.