Separation of Spouses and School Choice: Commentary on the Ruling of Cass. civ. No. 13570 of 2024
The ruling No. 13570 of 2024 by the Court of Cassation represents an important point of reference for issues related to the separation of spouses and the choice of school for minors. In particular, the case examined concerns A.A. and B.B., parents of a 10-year-old child, C.C., and the conflict that arose between them regarding their child's enrollment in a private school.
The Context of the Case
The mother, B.B., had requested permission to enroll her child in the Gonzaga Institute in Milan, where the child was already attending. The Court of Milan, after hearing the minor, approved the enrollment, emphasizing the importance of stability and relational continuity for the child, especially in a context of parental conflict.
The choice of school must always take into account the primary interest of the minor and their emotional stability.
The Reasons of the Court of Cassation
A.A. challenged the decision of the Court of Appeal of Milan, arguing that the educational offer and the issue of the secular nature of schools had not been adequately assessed. However, the Court of Cassation rejected the appeal, stating that the child's desire to attend the chosen school, along with their need for stability, were determining factors.
- The respect for the minor's interest is fundamental in judicial decisions.
- Environmental and social continuity is essential for the healthy development of the child.
- Educational choices should not be influenced by parental conflicts.
The Principle of Secularity and the Interest of the Minor
The Court clarified that the principle of secularity cannot be invoked absolutely but must be balanced with the minor's right to balanced growth. In this case, the interest of the minor prevailed over the issue of school choice, demonstrating that their stability and desires are paramount.
Conclusions
In summary, ruling No. 13570 of 2024 emphasizes the importance of considering the minor's interest in disputes related to parental separation. The Court reaffirmed that decisions should be aimed at ensuring healthy and balanced growth, avoiding fractures and discontinuities in educational experiences. This case represents a significant precedent for future similar conflicts, reiterating that the interest of the minor must always take priority.
