The Problem of Systematic Delays

Managing the times and methods of children's visits after a separation or divorce is one of the most delicate aspects and, unfortunately, a frequent source of conflict. An occasional delay may be understandable, but when the failure to be punctual in handing over the children becomes a systematic habit, it transforms into harmful behavior not only for the parent waiting but, above all, for the child's balance and serenity. This situation generates frustration and uncertainty, undermining trust and respect for the agreements established by the court. As an expert family law attorney in Milan, lawyer Marco Bianucci deeply understands the emotional and practical implications of such non-compliance and the need to address them with effective legal tools.

What the Law Provides: Article 709-ter of the Italian Code of Civil Procedure

The Italian legal system offers specific protection for cases of non-compliance with custody and visitation provisions. The primary tool is Article 709-ter of the Code of Civil Procedure. This rule allows the parent who suffers the other's obstructive behavior to apply to the judge to request the adoption of sanctioning measures. The legislator has provided this procedure to resolve disputes arising in the implementation of orders concerning children, recognizing that failure to respect visitation times and conditions constitutes serious non-compliance. The objective is not purely punitive but aims to restore the proper functioning of co-parenting, ensuring that the child can maintain a continuous and balanced relationship with both parents.

Applicable Sanctions

When the judge ascertains the violation of agreements, they can order various measures, graduated according to the severity of the behavior. The sanctions provided for by art. 709-ter c.p.c. include: the warning of the non-compliant parent, urging them to respect their obligations; the order to pay damages to the child or the other parent; the order for the non-compliant parent to pay an administrative monetary penalty, ranging from a minimum of 75 euros to a maximum of 5,000 euros, payable to the Cassa delle ammende (a state fund). In more serious cases, the judge may also consider a modification of the custody arrangements.

The Approach of the Bianucci Law Firm

Addressing systematic delays requires a clear and determined strategy. The approach of lawyer Marco Bianucci, an attorney with extensive experience in family law in Milan, is based on a precise analysis of the situation to identify the most effective and least traumatic solution for the child. The first step involves gathering evidence of the delays (written communications, testimonies, records) and sending a formal notice to the other party. If this intervention is ineffective, a petition to the court is filed under art. 709-ter c.p.c., documenting each non-compliance in detail. The firm's objective is always to protect the child's paramount interest, restoring respect for the rules and ensuring their right to a peaceful relationship with both parents.

Frequently Asked Questions

What is meant by systematic delay in handing over children?

There is no strict temporal definition, but we speak of systematic delay when the lack of punctuality is not an isolated and justifiable event, but rather a repeated conduct over time demonstrating the intention not to respect agreements or the judge's order. The assessment is made on a case-by-case basis, considering the frequency, the extent of the delays, and the absence of valid justifications.

Can I report my ex-spouse for continuous delays?

The primary route is not a criminal complaint but a civil action based on art. 709-ter c.p.c., which is the specific tool for sanctioning such behavior. Only in extreme cases, if the conduct constitutes the crime under art. 388 of the penal code (willful non-execution of a judge's order), can a criminal complaint be considered. It is essential to consult a lawyer to understand the most appropriate course of action for your case.

What are the concrete sanctions for those who do not respect visitation times?

The sanctions provided for by Article 709-ter c.p.c. are mainly three: an official warning from the judge, an order to pay damages caused to the child or the other parent, and the payment of an administrative monetary penalty (a fine) of up to 5,000 euros. The judge chooses the most suitable sanction based on the severity and repetitiveness of the conduct.

How can I prove my ex-partner's delays?

It is crucial to document every episode. It is advisable to keep written communications such as WhatsApp messages, SMS, or emails where the delay is contested. It can be useful to keep a detailed log with dates and times. If the delays occur in the presence of third parties (relatives, friends), they could serve as witnesses. The precise collection of evidence is crucial for the success of any court appeal.

Request a Consultation to Protect Your Rights

If you are experiencing problems related to the other parent's failure to respect visitation times, it is essential to act with the support of a professional. Lawyer Marco Bianucci offers legal consultation in Milan to analyze your situation and define the most suitable strategy to protect your rights and, above all, your children's rights. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 for an assessment of your case and to receive targeted and competent legal assistance.