Commentary on the ruling of the Court of Cassation, Sec. I, Order No. 12717/2024: Foster Care and Parental Conflicts

The recent ruling of the Court of Cassation, No. 12717 of 2024, offers important insights into the dynamics related to the separation of spouses and the protection of minors in highly conflictual contexts. In particular, the ruling addresses the issue of foster care, establishing fundamental criteria to ensure the superior interest of the minors involved. In this article, we will analyze the main aspects of the decision and the implications it has for the rights of minors and parental responsibility.

Context of the ruling

The case at hand concerns the separation between A.A. and B.B., with A.A. contesting the grounds for the separation attributed to her and reporting mistreatment by her husband. However, the Court of Monza granted the request for separation with grounds attributed to the wife, highlighting the presence of extramarital relations and a situation of family conflict. The Court of Appeal of Milan confirmed this decision, establishing the custody of minors D.D. and E.E. to the Social Services.

Legal Principles and Relevance of the Ruling

The Court emphasized that, in situations of high conflict between parents, custody to Social Services may represent a necessary measure to ensure the stability and well-being of minors. Among the key points of the ruling, the following aspects emerge:

• The necessity of foster care when the conflict between parents jeopardizes the well-being of minors.
• The importance of appointing a special guardian for minors, especially in the presence of conflicts of interest between parents and children.
• The evaluation of parental behaviors and their parenting abilities as determining factors for custody decisions.

The Court of Appeal considered that the detrimental situation for the minors required direct intervention by Social Services, in protection of their superior interest.

Conclusions

Ruling No. 12717/2024 represents an important precedent in family law, highlighting how the protection of minors must be at the center of legal decisions in contexts of separation and conflict. Lawyers and legal professionals must pay particular attention to these dynamics to ensure that the rights of minors are always respected and protected. The appointment of a special guardian and custody to Social Services should be considered fundamental tools for addressing situations of high conflict, thus ensuring a more stable and secure environment for children.