Understanding and Contesting Technical Reports

Receiving a report from Social Services or a Court-Appointed Technical Consultancy (CTU) that does not reflect the reality of the facts is a deeply destabilizing experience, especially when your dearest affections and your children's future are at stake. These documents carry significant weight in separation, divorce, and custody proceedings, and an unfavorable outcome can have serious consequences. In these moments, it is crucial to act with clarity, method, and promptness. As a family lawyer in Milan, Avv. Marco Bianucci assists parents in the complex process of analyzing and contesting these reports, ensuring the protection of the right to defense at every stage of the proceedings.

The Legal Value of CTU and Social Service Reports

In proceedings concerning minors, the judge often relies on external auxiliaries to obtain a complete picture of the family situation. The Court-Appointed Technical Consultancy (CTU) is an expert report, usually psychological or psychiatric, ordered by the court and entrusted to an expert (the CTU) to assess parental capabilities, the relationship between parents and children, and family dynamics. Concurrently, Social Services reports provide the judge with information gathered through interviews and home visits. Although not judgments, these documents significantly influence the judge's decisions regarding custody and visitation rights. It is therefore a parent's right and duty to subject them to critical analysis and contest them if they contain inaccuracies, incorrect assessments, or procedural flaws.

The Strategic Approach of the Bianucci Law Firm

Addressing a negative technical report requires an integrated defense strategy. The approach of Avv. Marco Bianucci, an expert family law attorney in Milan, is based on synergistic action between legal defense and technical-scientific support. We understand that a report is not an unappealable act, but a document that can and must be subjected to rigorous critical review. Our strategy is based on three pillars: the appointment of a trusted Party-Appointed Technical Consultant (CTP), the drafting of detailed critical observations, and the preparation of a procedural defense aimed at bringing out the factual truth. We work closely with forensic psychologists and psychiatrists to analyze the methodology used by the CTU, identify any procedural flaws, and offer the judge an alternative, scientifically sound interpretation of the family situation.

Frequently Asked Questions

What happens if the social services report is negative?

A negative report does not automatically lead to an unfavorable decision by the judge. However, it is a very influential element. It is crucial to act immediately with your lawyer to submit defense briefs, request further clarification, or direct hearing by the judge. The defense can highlight errors, omissions, or partial interpretations contained in the report, providing contrary evidence to balance the court's assessment.

How much time do I have to contest a CTU?

The deadlines for contesting a CTU are peremptory. Once the Court-Appointed Technical Consultant submits the draft of their report, the law grants the parties a period (usually 15 days, extendable upon reasoned request) to send their critical observations to the CTU, drafted with the help of their lawyer and their Party-Appointed Technical Consultant (CTP). The CTU must respond to these observations in their final report. Acting promptly is therefore essential.

Is the judge obligated to follow the CTU's conclusions?

No, the judge is not legally bound by the CTU's conclusions. The principle of 'peritus peritorum' establishes that the judge is the 'expert of experts' and can therefore depart from the consultancy's conclusions, provided they provide adequate and logical reasoning in their decision. A well-argued contestation, supported by a valid counter-expert report from the CTP, significantly increases the chances that the judge will reconsider or reject the CTU's conclusions.

Is it always necessary to appoint a Party-Appointed Technical Consultant (CTP)?

Although not a legal obligation, appointing a CTP is an almost always indispensable strategic choice. The CTP is the only technically qualified person to dialogue on equal terms with the CTU, participate in the expert examination operations, monitor the methodological correctness of their work, and draft the critical observations necessary to contest the expert report. Without a CTP, the legal defense risks being deprived of the fundamental technical-scientific support to effectively counter an unfavorable CTU.

Request an Evaluation of Your Case

If you have received a report from Social Services or a draft CTU and believe its content is inaccurate, partial, or prejudicial, it is essential to act promptly and strategically. Contact the Bianucci Law Firm in Milan for an in-depth evaluation of your case. Avv. Marco Bianucci, as a family lawyer, will provide the legal and strategic support necessary to develop the most effective defense to protect you and your children, at the office located at Via Alberto da Giussano, 26.