Co-parenting and the Rights of the Minor: Commentary on the Ruling Cass. civ., Ord. n. 29690/2024
The recent ruling of the Court of Cassation, specifically order no. 29690 of November 19, 2024, has highlighted the complexity of issues related to co-parenting and parental responsibility. The Court examined a case of conflict between parents, emphasizing that the right to co-parenting should never be understood as an absolute right, but rather as a need for balance in the best interest of the minor.
The Context of the Decision
In the case at hand, the Court of Appeal of Rome had ordered the restoration of the parental responsibility of the mother, C.C., limited to the ordinary management of the child D.D., despite accusations of obstructive behavior towards the father, A.A. The Court of Cassation accepted A.A.'s appeal, emphasizing that the loss of parental responsibility cannot be an automatic measure, without an adequate assessment of the impact on the rights and well-being of the minor.
The right to co-parenting is, above all, a right of the minor, and must be articulated through criteria aimed at realizing the best interest of the child.
The Implications of the Ruling
The ruling reaffirms the importance of listening to the minor and considering their wishes, especially in adolescence. D.D., at the time of the hearing, clearly expressed his desire not to meet the father. This element was a crucial factor in the decision of the Court of Cassation, which highlighted the potential psychological harm that a sudden separation from the mother could cause.
- The principle of co-parenting must ensure a balance between the needs of both parents.
- Parental responsibility must be assessed on a case-by-case basis, taking into account the best interest of the minor.
- Communication and cooperation between parents are essential to avoid trauma to the minor.
Conclusions
In conclusion, the ruling of the Cassation Court no. 29690/2024 represents an important precedent in family law, emphasizing that decisions regarding parental responsibility must always be oriented towards the well-being of the minor. Institutions must ensure that the child's needs are prioritized, avoiding compromising their emotional and psychological balance.
