What not to do in the context of the Italian child custody regime: the double parenthood principle
One of the fundamental aspect of Italian Family Law is the double parenthood principle. In this scenario, the Law aims to protect children’s interest to have e relationship with both parents. Therefore, in order to preserve such principles and children’s wellbeing, this very principle is paramount in the context of separation or divorce where children are subject to child custody regimes.
Under these circumstances, the Law is committed to protect children from those conducts and behaviour that may endanger the relationship with one of the parents. In such context, the Court of Mantova has condemned the mother for impeding father’s visiting rights. Therefore, the Court awarded the child compensation for psychological damages.
Mantova Court decision is in some sense innovative. In fact, the Court did not establish any compensation for the father. On the contrary, the child has been recognised as the holder of the exclusive right to get compensation from the mother. In this way, the child is the holder of superior rights and interests.
Additionally, the Court reaffirmed the principle according to which parents involved in separation or divorce proceedings are committed to not use online videos or photos of the children. In this way, the Court is strongly committed to protect child’s privacy. In such context, the Court of Mantova is a the forefront of children protection. First, the Court has recognised child’s right to compensation due to mother’s behaviour. Additionally, the Court reaffirms the principle that requires to not use child’s online photo or videos in the context of separation or divorce proceedings. This last decision is wholly justified by the effort to protect children privacy.