Disagreement on School Choice

Choosing a child's educational path is one of the most significant decisions parents have to make. When a disagreement arises about which school to choose, or the necessity of changing schools, the situation can become a source of great stress and conflict. Understanding the legal framework and possible solutions is the first step to addressing the issue constructively, with the child's well-being as the sole guiding principle. In these circumstances, the support of an experienced family law attorney in Milan is crucial to navigate the available options and protect your child's interests.

Parental Responsibility and Decisions of Major Interest

In Italy, the principle of shared parental responsibility, established by Article 337-ter of the Civil Code, dictates that decisions of major interest for children, including those related to education, must be made by mutual agreement between both parents. This applies to married couples as well as those who are separated, divorced, or unmarried. Disagreement over changing schools represents a classic instance of conflict in exercising parental responsibility which, if unresolved, requires the intervention of the judicial authority.

When is the Judge's Intervention Necessary?

If parents cannot reach an agreement, the law provides that either parent can file a petition with the competent court. The goal is not to determine which parent is right, but to allow the judge to make the decision they deem most beneficial for the child. The judge will consider various factors, such as educational continuity, the child's inclinations, the quality of the educational offerings of different institutions, and the school's proximity to the residence. The judge's decision will supersede that of the parents, becoming binding for both.

The Approach of Studio Legale Bianucci

The approach of lawyer Marco Bianucci, an experienced family law attorney in Milan, is aimed at resolving the conflict quickly and effectively, always placing the exclusive interest of the minor at the center. The first step involves a thorough analysis of the situation to assess the possibility of a negotiated solution, which is always the preferred path. Should dialogue prove fruitless, the firm assists the parent in preparing a solid and documented petition, clearly and convincingly presenting to the judge the reasons supporting the proposed school choice and demonstrating why it is the best for the child's well-being and development.

Frequently Asked Questions

What happens if one parent enrolls the child in a new school without the other's consent?

Unilateral enrollment in a school, without the consent of the other parent, is an illegitimate act. The parent who did not give consent can turn to the judge to have this enrollment declared ineffective. The judge, after evaluating the situation, will make the most appropriate decision in the child's interest, which may also include confirming the school chosen by the first parent, if it is deemed the best solution for the child.

How long does it take to get a decision from the judge on a school change?

Proceedings related to disagreements on the exercise of parental responsibility are generally handled with urgency by the court. Although timelines may vary, these are in-camera proceedings designed to be swift, often resolved within a few weeks or months, precisely to prevent uncertainty from harming the child's educational path and well-being.

Will the judge listen to my child before deciding?

The law provides for the listening of a minor who has reached the age of twelve or, even younger, if capable of discernment. Listening is not an interrogation, but a way for the judge to understand the child's opinions, fears, and desires regarding the school choice. The child's wishes are an important element, but not the only one, that the judge will consider for the final decision.

Resolving Conflict for Your Child's Sake

Addressing a disagreement on school choice requires clarity, strategy, and a deep understanding of legal dynamics. To ensure that the final decision is truly the best for your child, it is essential to rely on a competent professional. As a family lawyer in Milan, lawyer Marco Bianucci offers legal advice and assistance to manage these conflicts, aiming for swift solutions that preserve family harmony. Contact Studio Legale Bianucci at Via Alberto da Giussano, 26 for an assessment of your case.