Shared custody: analysis of the ruling Cass. civ., Sec. I, Ord. n. 3372/2024
The recent ruling of the Court of Cassation, no. 3372 of February 6, 2024, offers important insights regarding the shared custody of minors, a topic of fundamental relevance in family law. In this order, the Court expressed the necessity of considering the wishes of the minor, reinforcing the principle that their interest must be at the center of judicial decisions.
The context of the decision
The case in question concerned the appeal of A.A. against the decree of the Court of Appeal of Naples, which had modified the custody arrangements for the minor C.C. The parents, A.A. and B.B., had initially obtained shared custody with alternating placement, but the father subsequently requested a modification that led to a decision favoring his placement. The Court of Appeal tasked social services with facilitating protected meetings between the mother and the minor, highlighting the importance of maintaining the maternal bond.
Highlighted legal principles
The Court emphasized that the assessment of the minor's statements and the identification of their best interest fall to the judge of merit, who must take into account the wishes expressed by the minor.
The Cassation reiterated that, in accordance with Article 315-bis, paragraph 3, of the Civil Code, the judge must not only listen to the minor but also give weight to their opinions. This aspect is crucial as the jurisprudence has already clarified that neglecting the aspirations of the minor must be justified through a rigorous critical assessment.
- Listening to the minor as a fundamental right.
- The judge must seriously weigh the statements of the minor.
- The best interest of the minor is the guiding principle in decisions.
Conclusions
The ruling of the Cassation no. 3372/2024 represents a significant step towards greater attention to the needs of minors in custody proceedings. It is imperative that judges adopt a critical and thoughtful approach in evaluating the testimonies and aspirations of minors, thus ensuring that their interests prevail in decisions concerning them. Italian jurisprudence continues to evolve, emphasizing the importance of listening to younger voices in legal decision-making processes.
