Grandparents' Right of Visitation: Commentary on the Ruling Cass. Civ. No. 19779/2018

The ruling No. 19779 of July 25, 2018, of the Court of Cassation represents an important step forward in the regulation of the rights of ascendants, particularly regarding the right of grandparents to maintain meaningful relationships with their grandchildren. The Court confirmed that such rights, although recognized, are subordinate to the best interests of the minors. This article analyzes the key points of the ruling, its legal implications, and the relevant regulatory context.

The Case and the Court's Decision

The appellant, G.C., requested the recognition of his right to maintain meaningful relationships with his grandchildren, invoking Article 317 bis of the Civil Code, introduced by the 2013 reform. However, the Court of Appeal of Ancona had deemed that his violent behavior in the past was not in line with the best interests of the minors, thus denying the right of visitation. The Cassation, in its examination, confirmed that decisions regarding the visitation rights of grandparents must prioritize the well-being of the minors.

The right of ascendants to maintain meaningful relationships with minor grandchildren is positioned as a full right exclusively towards third parties, where it constitutes a recessive subjective position in the face of the prevailing interest of the grandchildren.

Recognition of the Rights of Ascendants

The ruling emphasized that Article 317 bis of the Civil Code introduces an autonomous right for grandparents, but this right must always be balanced with the best interests of the minors. The Court highlighted that, in case of conflict, the well-being of the minor must prevail. European jurisprudence has supported this approach, reiterating the importance of ensuring a serene growth environment for children.

Legal and Regulatory Implications

The Court stated that measures affecting the rights of ascendants are subject to the principle rebus sic stantibus, meaning that they can only be modified in the presence of new circumstances. This principle is fundamental to ensuring stability and certainty in family relationships. Furthermore, the Court referred to European regulations, such as Article 8 of the ECHR, which protects the right to family life, highlighting the importance of adequate protection for minors.

  • The right of grandparents is not unconditional, but must respect the interests of the minor.
  • The stability of decisions is essential for family relationships.
  • The rights of ascendants are subordinate to the safety and well-being of minors.

Conclusions

In conclusion, the ruling No. 19779/2018 of the Court of Cassation provides valuable guidance on the visitation rights of grandparents, highlighting the importance of a balanced approach that takes into account the best interests of minors. This legal orientation not only clarifies the position of grandparents but also reinforces the necessity of a healthy and protected family environment for the younger generation.