Shared Custody and Right of Visit: Cass. Civ. n. 26352 of 2022
The ruling n. 26352 of 2022 by the Court of Cassation provides important insights into the theme of shared custody and the right of visit, crucial elements for ensuring the psychological and relational well-being of minors involved in separation proceedings. In this article, we will analyze the key points of the ruling and its impact on post-separation family dynamics.
The Case Discussed
In this case, the Court of Appeal of Cagliari had confirmed the shared custody of the minor daughter of C.S. and P.C., placing her with the mother and establishing a pathway for the father to gradually approach. A fine of 1000 Euros was imposed on the mother for obstructing the father's right of visit, an aspect that highlights the importance of bi-parentality.
The Court emphasized how the absence of a father figure can negatively affect the minor's development, making it necessary to promote the relationship between father and daughter.
The Court's Reasons
The Court rejected the requests to revoke the exclusive custody in favor of the mother, emphasizing that there was insufficient evidence of the father's dependency issues and that the mother's obstruction was the true obstacle to exercising the right of visit. This aspect is central to the decision, as it highlights shared parental responsibility and the importance of ensuring a balanced relationship between the minor and both parents.
- Shared custody as a tool for the well-being of the minor.
- The importance of bi-parentality for the balanced development of the child.
- Parental responsibility: the obligation not to obstruct relationships between the minor and the other parent.
Conclusions
The ruling of the Court of Cassation n. 26352 of 2022 represents an important step forward in protecting the rights of minors in separation situations. It confirms that shared custody must be the rule, not the exception, and that it is essential to ensure the right of visit to promote a healthy relationship between the minor and both parents. This principle is in line with what is established by Italian law and international conventions, such as the Convention on the Rights of the Child, which recognizes the minor's right to maintain personal relationships with both parents.
