Commentary on the ruling of Cass. civ., Sez. I, Ord. n. 11122 of 2024: reflections on child custody

The recent ruling of the Court of Cassation no. 11122 of April 24, 2024, has raised important questions regarding the custody of minors in situations of conflict between parents. The decision is based on a series of reasons that reflect the judge's attention to the superior interest of the child, a cornerstone principle in family law.

Context of the decision

The case in question involves A.A. and B.B., parents of two minors, E.E. and D.D. After a lengthy judicial process, the Court of Appeal of Cagliari ordered the exclusive custody of E.E. to the mother and D.D. to the father, prompting an appeal to the Court of Cassation by the mother. The Court accepted the grounds for the appeal, highlighting a series of errors in the assessment of the minor's interest and parental conduct.

In matters of custody of minor children, the judge must adhere to the fundamental criterion represented by the exclusive moral and material interest of the offspring.

Legal principles and implications

The Court of Cassation reiterated that the criterion of the superior interest of the minor must prevail over any other consideration. It is essential to guarantee co-parenting, which implies an active and positive presence of both parents in the child's life. The ruling referenced several previous decisions, emphasizing that custody should be assessed based on the parental capacity of each parent, taking into account not only past actions but also current dynamics.

• The principle of co-parenting must be respected, ensuring meaningful relationships between the minor and both parents.
• The evaluation of parental conduct must be objective and based on concrete evidence, avoiding biases or unfounded assumptions.
• It is necessary to consider the psychological and emotional well-being of the minor, avoiding conflict situations that could harm their development.

Conclusions

Ruling no. 11122 of the Court of Cassation represents an important precedent in the field of child custody. It invites profound reflections on the role of parents in ensuring a healthy and stable environment for their children, highlighting the need for a balanced approach that takes into account the needs of all parties involved. The Court has clearly intended to reiterate the importance of a thorough analysis of family dynamics, with the aim of protecting the rights of minors to grow up in an affectionate and serene context.