Amendments to Divorce Conditions: Commentary on Cass. civ., Sez. I, Sent. n. 9442 of 2024
The recent ruling from the Court of Cassation, n. 9442 of 2024, offers an important reflection on divorce conditions, particularly regarding the visitation rights of minors. This decision takes place within a legal context where the right to shared parenting and the protection of the child's interest play a central role, as provided for by Article 8 of the European Convention on Human Rights (ECHR).
The Case Under Review
In the analyzed case, B.B. requested a modification of the divorce conditions established in a ruling from the Court of Geneva, seeking a reduction in the maintenance contribution and the removal of restrictions on overnight stays for the child C.C., who suffers from epilepsy. The Court of Appeal in Venice partially upheld the appeal, providing for a gradual introduction of overnight stays, starting from July 2024, to ensure adequate adjustment for the minor.
The right of visitation is not an independent subjective right, but a way of exercising the right to family relationships, fundamental for the well-being of the minor.
The Court's Reasoning
The Court of Cassation addressed the issue of the admissibility of the appeal, clarifying that decisions regarding visitation rights are subject to appeal when they affect fundamental rights, such as the right to family life. It was then asserted that decisions limiting the time the minor spends with the non-custodial parent must be justified by a thorough analysis of the minor's conditions, avoiding decisions that could compromise the relationship between parent and child.
- The right to shared parenting must be guaranteed through a functional organization of stay times.
- Judicial decisions must respect the best interest of the minor.
- The denial of significant contact between parent and child can have irreparable consequences on the family relationship.
Conclusions
The ruling n. 9442 of 2024 from the Court of Cassation is part of an important legal debate regarding the modalities of exercising shared parenting and visitation rights. The Court reaffirmed that the interests of the minor must always prevail and that every decision must be made considering their psychological and emotional well-being. This approach is fundamental to ensure that amendments to divorce conditions do not harm family ties, but rather promote a serene and stable environment for the child's growth.
