School Choice in Parental Disputes: A Very Recent Supreme Court Ruling

The recent ordinance of the Court of Cassation (No. 13570 of May 16, 2024) offers important food for thought on the choice of school for a minor in cases of conflict between separated parents. The central issue concerns the balance between the parents' right to participate in educational decisions and the best interests of the child, a cornerstone principle in Italian family law.

The Case Under Review

In the case at hand, the mother, B.B., requested the enrollment of her son in Gonzaga di Milano, a private institution, despite the father's dissent, A.A. The Court of Milan authorized this enrollment, highlighting the importance of educational stability and continuity for the minor, already affected by the parents' separation.

The choice of school must always consider the best interests of the child, especially in complex family contexts.

The Court of Appeal confirmed this decision, emphasizing the minor's desire to maintain social and friendly relationships already consolidated in the current institution. However, the father appealed the decision, arguing that it was not adequately reasoned.

Relevant Legal Principles

The Court reiterated some fundamental principles:

• The right to choose a school must be subordinated to the best interests of the child, as established by Article 337-ter of the Civil Code.
• The principle of secularism cannot be invoked absolutely; it must be balanced with the protection of the child's rights.
• Decisions regarding schooling must consider not only the educational offerings but also the social relationships and the child's psychological well-being.

In this context, the Court of Cassation declared the father's grounds for appeal unfounded, finding that the choice of a private school was justified by the need to ensure a stable and favorable educational environment for the minor.

Conclusions

The ruling under review represents an important affirmation of the principle that the child's best interests must prevail in parental decisions concerning their education. The Court demonstrated that, in situations of conflict between parents, it is crucial to ensure stability and continuity for the child, avoiding further trauma in an already difficult family context. This jurisprudential trend encourages parents to consider not only their own rights but, above all, the needs and desires of the child, with a view to cooperation and shared responsibility.