Super-exclusive custody of minors: commentary on the ruling of the Court of Appeal of Catanzaro No. 6 of 2024
The ruling No. 6 of 2024 of the Court of Appeal of Catanzaro takes place in a particularly delicate legal context, that of custody of minors, and offers significant reflections for families involved in separation or divorce situations. The Court expressed its opinion regarding the exclusive custody of minors in favor of the mother, a decision that raises questions concerning bi-parenting and respect for the principle of the superior interest of the minor.
The context of the ruling
In the case at hand, the mother had filed an appeal to the Court of Castrovillari to obtain exclusive custody of the children, justifying her request with behaviors considered violent and conflictual on the part of the father. The decision of the Court confirmed the exclusive custody to the mother, but the father appealed this decision.
The jurisprudence has repeatedly stated that, in the superior interest of the minor, the principle of bi-parenting must be respected.
The reasons for the rejection of the appeal
The Court of Appeal rejected the appeal, arguing that super-exclusive custody is justified by the father's lack of adequacy in maintaining a healthy relationship with the minors. Among the reasons, the Court highlighted behaviors of the father that compromised the psychological balance of the children, such as the attempt to marginalize the maternal figure and the violation of maintenance obligations.
- Super-exclusive custody in favor of the mother for the best interest of the minors.
- The mother's distancing is justified to escape a conflict situation.
- Bi-parenting must be guaranteed, but only if it does not jeopardize the well-being of the minor.
Conclusions
The ruling of the Court of Appeal of Catanzaro offers important insights for understanding the complexity of family dynamics in cases of separation. It reaffirms the centrality of the superior interest of the minor, highlighting how, in situations of conflict between parents, it is essential to ensure a stable and safe environment for the children. This case underscores the importance of careful and thorough evaluation by judges, so that decisions regarding custody are always oriented towards the well-being of the minors involved.
