The Sibling Bond in Separation

Facing separation or divorce is an emotionally complex journey, during which every parent's primary concern is their children's well-being. One of the deepest fears is that the end of the marital bond might also break the relationship between siblings, especially if their placement in different homes is contemplated. As a family lawyer in Milan, Avv. Marco Bianucci fully understands these anxieties and places the protection of minors' fundamental right to grow up together at the center of his legal action, preserving a bond that represents a pillar for their psychophysical balance.

The Legal Principle: The Unity of the Sibling Unit

Italian law, through Article 337-ter of the Civil Code, establishes a cornerstone principle: when adopting measures concerning children, the judge must consider exclusively the superior interest of the minor. Consolidated case law interprets this provision very clearly, stating that the separation of siblings represents an extreme solution (extrema ratio), to be adopted only in the presence of exceptional and serious circumstances that make it indispensable for the well-being of one or more of the minors involved. The general rule is, and remains, to keep the sibling unit together to ensure emotional continuity and stability.

When is the Separation of Siblings Possible?

Although the rule is cohabitation, there are particular situations where a judge may order separate placement. It is crucial to emphasize that such decisions are not taken lightly and require solid and detailed reasoning. Exceptional circumstances may include profound conflict between siblings that is detrimental to both, specific therapeutic needs of a child that cannot be managed in a cohabitation setting, or a significant age difference with completely divergent educational and life needs. In any case, the party requesting the separation has the burden of unequivocally demonstrating that such a solution is the only possible one to protect the minors' interests.

The Approach of the Bianucci Law Firm in Milan

The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on a thorough analysis of family dynamics and a firm belief that the sibling bond is a precious resource to be protected. The defense strategy focuses on demonstrating to the judge how sibling cohabitation is essential for the balanced growth of children, representing an irreplaceable emotional reference point, especially in the delicate context of a separation. The firm, if necessary, collaborates with psychologists and technical consultants to prepare expert reports attesting to the value of this bond and the absence of valid reasons for its interruption, ensuring complete and strategic protection.

Frequently Asked Questions

Can the judge decide to separate my children against my will?

Yes, the judge has this power, but can only exercise it if they believe, based on concrete evidence, that separation is the only solution to safeguard the psychophysical well-being of the minors. It cannot be a decision based on parental convenience or on reasons not supported by objective elements. The general rule always remains the protection of sibling unity.

What can I do if the other parent insists on separating the children?

It is crucial to promptly consult a lawyer specializing in family law. It will be necessary to build a solid defense to demonstrate to the judge that there are no valid reasons for separate placement and that, on the contrary, keeping the siblings together is fundamental for their emotional stability and proper development.

How can it be proven in court that separating siblings is harmful?

Proof can be provided through various means. Reports from social services, psychological expert opinions (CTP or CTU), school documentation attesting to their mutual support, and testimonies can be decisive elements in highlighting the depth and importance of their bond and the prejudice that would result from their division.

Is the children's will taken into consideration?

Yes, the law provides for the hearing of a minor who has reached the age of twelve or, even younger, if capable of discernment. Their opinion is an important element that the judge carefully considers, but it is not binding. The final decision will always be based on an overall assessment of what constitutes their superior interest, which may not necessarily coincide with their expressed wish.

Contact the Lawyer for the Protection of Your Children

If you are facing a separation and are concerned about your children's unity, it is essential to act with preparation and expertise. Avv. Marco Bianucci offers legal advice in Milan to analyze your specific situation and define the most effective strategy to protect your children's right to grow up together. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 for targeted legal advice and to defend what matters most.