Divorce and Child Custody: The Ruling of the Court of Appeal of Rome

On May 3, 2023, the Court of Appeal of Rome issued a significant ruling concerning divorce, child custody, and maintenance payments. This case, involving S.S. and B.A., offers important insights into the management of separations and the rights of minors, highlighting how Italian justice operates to ensure the best interests of the child.

Case Context

The ruling followed an appeal filed by S.S., who contested the decision of the Court of Velletri that had established joint custody of their son L. and revoked the assignment of the marital home. The Court had to consider various aspects, including the economic situation of both parents and the needs of the minor. The mother emphasized that the child had always lived in her home and requested that his primary residence remain with her.

The Court ruled that L.'s primary residence must remain with the mother, taking into account his well-being and the stability of his daily life.

Court's Decisions

The Court partially granted S.S.'s appeal, confirming the assignment of the marital home to her and establishing a monthly maintenance payment of 300 euros to be paid by B.A. This decision was made considering:

• The needs of the minor, who had always lived in the marital home, a place of affection and stability.
• The principle of the best interests of the child, which must always be at the center of any judicial decision regarding custody.
• The income disparity between the parents, which justified the need for financial contribution from the father.

Legal Implications and Regulatory References

This ruling aligns with the principles established by Italian jurisprudence, particularly with the guidelines provided by the Court of Cassation, which has repeatedly affirmed that the assignment of the family home cannot be revoked solely because one of the parents enters into a new cohabitation. The Court reiterated that every decision must take into account the specific circumstances of the case and the well-being of the minor as an absolute priority.

Conclusions

The ruling of the Court of Appeal of Rome represents an important step in protecting the rights of minors in situations of separation and divorce. It underscores the importance of ensuring a stable and family-rich environment for children, reflecting the commitment of the Italian justice system to balancing the rights of parents with those of their children. The focus on the child's daily reality and their emotional and practical needs sends a clear message for all future custody and maintenance cases.