The Absolute Priority: Children's Well-being

The end of a marriage or cohabitation is a complex journey, but a parent's greatest concern arises when their children's peace of mind is at risk. If you have serious doubts about the suitability of your ex-spouse's new partner, or if you have witnessed violent, aggressive, or otherwise detrimental behavior, it is crucial to know that Italian law places the superior interest of the minor above all other considerations. Addressing this situation requires clarity, strategy, and the support of a professional who knows how to navigate it. As an experienced family law attorney in Milan, Avv. Marco Bianucci assists parents in the delicate mission of protecting their children from potentially harmful environments.

The Regulatory Framework for Child Protection

The cornerstone principle governing all decisions regarding child custody and visitation is enshrined in Article 337-ter of the Civil Code, which mandates the judge to adopt measures that are in the best interest of the offspring. This means that a parent's right to see their children and to build a new emotional life is not absolute but encounters an insurmountable limit in the necessity of ensuring a healthy, balanced, and safe upbringing environment for minors. When the presence of a new partner introduces elements of instability, danger, or is detrimental to upbringing, the legal system provides specific tools for intervention. This is not about interfering in the ex-partner's private life, but about exercising a parental duty of care to protect the most vulnerable.

The Approach of Studio Legale Bianucci

We understand the sensitivity and urgency of these situations. The approach of Avv. Marco Bianucci, an experienced family law attorney in Milan, is pragmatic and solely focused on protecting the child, avoiding unnecessary personal conflicts. Our intervention is structured in precise phases. We begin with an in-depth analysis of the situation, gathering all relevant elements to demonstrate potential harm to the children, such as testimonies, messages, recordings, or specialist reports. Subsequently, we evaluate the most effective legal action, which may consist of an application for the modification of separation or divorce conditions, requesting the Court to regulate or limit meetings in the presence of the new partner. In more serious cases, we may request an investigation by social services or file an application under Article 333 of the Civil Code for conduct by a parent detrimental to the children, in order to obtain urgent protective measures.

Frequently Asked Questions

Can I prevent my ex from letting their new partner see my children?

You cannot prevent it unilaterally and autonomously, as you would risk committing an unlawful act. However, if there are valid reasons to believe that such contact is harmful to the minors, you can approach the Court to request a regulation of the meetings. The judge, after evaluating the evidence, may order that visits take place without the presence of third parties or in a neutral space, always in the exclusive interest of the children.

What evidence is needed to prove that the new partner is unsuitable?

Evidence can be of various kinds. Testimonies from people informed about the facts (such as relatives, friends, or teachers), medical documentation attesting to the child's anxiety or distress, messages, emails, photographs, or recordings demonstrating aggressive behavior, alcohol or substance abuse, or a clearly detrimental lifestyle are relevant. A psychological report on the child can also be a fundamental element.

What do social services do in these cases?

When the Court orders their intervention, social services are tasked with conducting an investigation into the family unit to assess the quality of relationships, parental capabilities, and the living environment of the minors. Through interviews with parents, children, and the new partner, and home visits, they prepare a technical report that is filed with the Court and serves as an important element on which the judge will base their decision.

Can child custody be modified?

Yes, in the most serious and proven cases. If the parent's conduct, even due to the negative influence of the new partner, proves to be seriously detrimental to the children's psycho-physical balance, the Court may modify the custody arrangements. Solutions can range from revising the placement (the child's habitual residence) to, in extreme situations, ordering exclusive or super-exclusive custody to the other parent.

Decisive Action for Their Peace of Mind

Your children's peace of mind cannot be compromised. If you believe they are in a situation of potential danger or distress, acting promptly is your parental duty. Studio Legale Bianucci in Milan offers a concrete and strategic analysis of your case to identify the most suitable legal solution to ensure a serene future for your children. Contact Avv. Marco Bianucci for an assessment of your situation and to define the necessary steps to re-establish a safe and protected environment.