Commentary on Judgment Cass. civ., Section I, Ord. no. 23097 of 2024: Custody and Parental Responsibility

The recent ordinance of the Court of Cassation, no. 23097 of 2024, offers significant insights for understanding the dynamics concerning parental responsibility and the custody of minors. The judgment is based on a complex case involving the mother A.A. and her daughter D.D., currently entrusted to a foster couple, C.C. and B.B. At the heart of the issue is the mother's request to regain parental responsibility, after having been declared deprived of it.

Legal Context

The Court of Appeal of Ancona had already assessed A.A.'s situation, confirming the previous decisions of the Juvenile Court. In particular, the decree of deprivation of parental responsibility had been issued due to behaviors deemed detrimental to the minor. This case highlights the importance of art. 330 of the Italian Civil Code, which establishes the prerequisites for the deprivation of parental responsibility in the absence of adequate respect for parental duties.

Grounds for Appeal and Court's Response

A.A. presented three grounds for appeal, all rejected by the Court. The first ground concerned the alleged nullity of the judgment due to lack of reasoning. However, the Court held that the reasoning was extensive and detailed, carefully evaluating the mother's current situation and her relationship with her daughter. The Court emphasized that the assessment of parental responsibility must be based on recent and relevant facts.

The Court clarified that parental responsibility cannot be restored if critical situations persist that endanger the minor's well-being.

Implications of the Judgment

• Parental responsibility is a fundamental right, but it must be exercised with respect for the minor's well-being.
• The Court reiterated the need for a therapeutic path for the mother, highlighting how the recovery of parental skills requires time and adequate support.
• The decision underscored the importance of the relationship between parents and children, which must be protected from any detrimental behavior.

Conclusions

Judgment no. 23097 of 2024 offers a clear indication of how the Italian legal system addresses issues concerning the custody of minors and parental responsibility. It is essential that decisions are always oriented towards the minor's well-being, taking into account affective and psychological needs. The Court demonstrated that it considered not only the mother's interests but, above all, those of her daughter D.D., emphasizing that stability and security in a minor's life cannot be compromised by situations of parental inadequacy.