Parental Disagreement on Health Choices

Facing a medical or psychological choice for a child is one of the most delicate responsibilities for a parent. When parents are separated or in disagreement, this responsibility can turn into a complex and painful conflict, where the child's well-being risks being sidelined. Understanding how the law regulates these situations is the first step to acting correctly and protecting your child's health. In these contexts, the support of a lawyer specializing in family law in Milan, such as lawyer Marco Bianucci, becomes fundamental to navigate legal procedures with clarity and determination, always placing the child's best interest at the center.

Parental Responsibility and Decisions of Major Interest

In Italy, the law establishes that parental responsibility must be exercised by both parents by mutual agreement. This principle, enshrined in Article 316 of the Civil Code, applies to all decisions of 'major interest' for children, which include health, education, upbringing, and residence. Medical choices, such as non-urgent surgery, the start of psychological therapy, or vaccination, fall fully into this category. Consequently, the consent of both parents is always necessary. In cases of irreconcilable disagreement, the law provides a resolution mechanism: recourse to the judge, who will make the decision deemed most appropriate for the child.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, a lawyer specializing in family law in Milan, is based on a clear strategy: to protect the child's psychophysical well-being through the fastest and most effective means. Initially, the possibility of an out-of-court settlement of the conflict is always explored, seeking to mediate between the parents' positions to reach an agreement that avoids litigation. However, when dialogue is impossible or the urgency of the situation requires it, the firm acts promptly by filing a request with the competent court. The goal is to provide the judge with all the necessary elements, including expert reports and medical opinions, to demonstrate which choice is best in the exclusive interest of the child, thereby obtaining authorization to proceed with the necessary care.

Frequently Asked Questions

When is a judge's authorization needed for a child's treatment?

A judge's authorization is necessary when parents cannot reach an agreement on a health decision of 'major interest' for the child. This includes, for example, scheduled surgeries, long-term medical treatments, psychological or psychotherapeutic treatments. In cases of evident medical urgency, each parent can and must act immediately to protect the child's health, informing the other parent as soon as possible.

What happens if one parent opposes psychological therapy for the child?

If one parent deems psychological support essential for the child and the other opposes it, the parent in favor can file a request with the judge. The court, often with the help of a technical consultancy (CTU), will assess the real need for psychological support and, if deemed appropriate, will authorize the start of the therapy even against the will of one of the parents, considering the child's emotional and psychological well-being paramount.

How do you file a request with the judge for urgent medical decisions?

For medical decisions that, while not immediately emergency, require a swift resolution, it is possible to file an urgent request under Article 700 of the Code of Civil Procedure or, depending on the case, with the guardianship judge. This abbreviated procedure allows for a prompt decision to prevent serious and irreparable harm to the child's health. It is crucial that the request is supported by adequate medical documentation attesting to the necessity and urgency of the treatment.

Request a Case Evaluation

If you are facing a disagreement with the other parent regarding crucial choices for your child's health, it is essential to act with clarity and expertise. Lawyer Marco Bianucci offers legal advice and assistance in Milan to resolve these delicate conflicts, ensuring that every decision is made in full compliance with the law and, above all, in the child's best interest. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 to analyze your situation and define the most appropriate strategy to protect your child's well-being.