Commentary on Judgment Cass. civ. no. 19069 of 2024: Shared Custody and Visitation Rights

The recent judgment of the Court of Cassation, no. 19069 of 2024, offers important insights into the regulation of shared custody and parental visitation rights in cases of separation. The Court ruled on an appeal concerning the custody of a minor, C. C., and addressed fundamental issues for the protection of parental rights and the child's well-being.

The Case Under Review

The proceedings originated from a complaint filed by B. B. against the decree of the Court of Macerata, which had ordered shared custody of the minor, with the child residing with the mother. The Court of Appeal, however, modified the father's visitation arrangements, establishing a limited visitation schedule, considering the child's age, who was just over two years old at the time of the judgment.

The appellant A. A. argued that the Court of Appeal's provisions were contrary to the principle of shared parenting and detrimental to the child's upbringing, also referencing international norms such as the UN Convention on the Rights of the Child.

Principle of Shared Parenting and the Court's Reasoning

The Court of Cassation deemed the grounds of appeal inadmissible, confirming that the decisions of the lower court were well-reasoned and consistent with the minor's best interests.

The Court highlighted the importance of the principle of shared parenting but also emphasized that, in cases of shared custody, visitation arrangements must be appropriate for the minor's age and needs. In this instance, the imposed limitations were justified by the child's tender age, who required a stable and secure environment.

• Visitation rights must consider the minor's well-being.
• Visitation arrangements must be practical and realistic, avoiding stressful situations for the child.
• Respect for the superior interests of the minor is the absolute priority in these cases.

Conclusions

Judgment no. 19069 of 2024 by the Court of Cassation reiterates the importance of a balanced approach in separation proceedings, where the minor's well-being must always take precedence. Decisions regarding custody and visitation rights must be reasoned and take into account the specific circumstances of each case, without disregarding the principle of shared parenting, which, however, must not compromise the child's emotional and psychological stability. The Court therefore confirmed that the measures adopted by the Court of Appeal were consistent and justified, leaving room for future adjustments as the minor grows.