Shared custody and listening to minors: analysis of Cass. civ. n. 32290/2023
The ruling of the Court of Cassation n. 32290 of 2023 offers an important reflection on the custody of minors and the right to be heard. In the context of separation, the issue of listening to minors takes on particular relevance, especially when discussing shared custody and support measures. The case in question involves A.A., who requested a modification of the custody of his twin daughters but faced the rejection of his petition by the Court of Appeal.
The legal context of minors' custody
The right of a minor to be heard is enshrined in art. 315 bis of the Civil Code and is based on international conventions on children's rights. However, the Court deemed it unnecessary to hear the minors, considering their age and capacity for discernment. In particular, it emerged that the girls, despite being ten years old, did not possess the necessary maturity to express themselves before the judicial authority. The ruling emphasizes that direct listening is not an automatic act but must be evaluated on a case-by-case basis.
The right of a minor to be heard is fundamental, but it should not be applied rigidly and automatically.
The motivations of the Court of Cassation
The Court analyzed the reasons for the appeal, highlighting that the decision not to hear the minors was adequately motivated. In fact, the Court of Appeal deemed it more appropriate for the listening to occur through a professional, such as a psychologist, rather than in a judicial setting, to avoid potential pressure from the parent.
Implications and conclusions
This ruling reaffirms the importance of a balanced approach in managing custody cases. It is essential that decisions regarding the listening to minors are always oriented towards their best interests, taking into account their abilities and family situation. Italian case law, supported by national and European regulations, continues to evolve to ensure the protection of minors' rights while promoting family well-being.
Conclusions
The Court of Cassation, with its ruling, has drawn an important line regarding the right of minors to be heard, emphasizing that this right must be exercised consciously and responsibly. Decisions must always aim to ensure the best interests of the minor, avoiding unjustified interference in family life.
