Joint custody and the child's best interest: commentary on Cass. Civ. n. 21312/2022
The judgment of the Court of Cassation no. 21312 of 2022 is part of an important legal debate concerning the custody of children born outside of marriage. In particular, the Court clarified that joint custody must be considered the ordinary regime, even in the presence of conflicts between parents. This principle is of fundamental importance, as it emphasizes how the child's best interest must always be at the center of judicial decisions.
Context of the ruling
The Court of Appeal of Palermo had initially ordered exclusive custody of the child to one of the parents, considering the conflict between the parties. However, the appeal filed by C.B. led to a reassessment of the situation, highlighting that there were insufficient elements to justify such a decision. The Court recalled the need for adequate reasoning, which must demonstrate not only the suitability of the custodial parent but also the unsuitability of the other parent.
The Court reiterated that joint custody is the ordinary regime, even in cases of serious conflict between parents, unless this proves detrimental to the child's best interest.
Analysis of the decision
In its decision, the Court highlighted that conflict between parents should not automatically exclude joint custody. The reasons behind the decision for exclusive custody were inadequate, as they did not consider the responsibilities of both parents in creating a favorable environment for the child. The ruling therefore emphasizes the importance of constructive dialogue between parents, which must be promoted even in situations of conflict.
- Joint custody as the ordinary regime.
- Conflict does not exclude joint custody.
- Importance of dialogue between parents for the child's well-being.
Conclusions
In conclusion, the Cassation ruling no. 21312/2022 represents an important step forward for the protection of the child's right to be raised by both parents. It reaffirms that joint custody must prevail, unless there is concrete evidence of prejudice to the child. It is crucial that parents, even in situations of conflict, commit to maintaining open and constructive dialogue to ensure the well-being and serene development of their children.
