Cass. civ., Sez. I, Ord., n. 24972/2023: The custody of minors in high-conflict contexts
The recent ruling of the Court of Cassation no. 24972 of August 21, 2023, addresses a delicate and complex issue regarding the custody of minors in situations of family conflict. In this case, the father A.A., a justice collaborator, contested the decision of the Court of Appeal of Rome, which maintained the custody of his daughter with social services, despite the progress he had made in distancing himself from the criminal environment.
The context of the decision
The case in question involves a father who, despite having embarked on a path of rehabilitation and collaboration with justice, found himself facing high conflict with the mother of the minor, A.H. The latter, despite initially refusing the protection program, continued to be part of a criminal context, raising concerns for the safety and well-being of the daughter.
- The father demonstrated a significant change in his lifestyle.
- The mother maintained ties with the criminal environment.
- Social relationships highlighted the need for parental support for both.
The Court found that the high conflict between the parents justified the continuation of custody by Social Services, highlighting the risk for the minor.
The judgment of the Court of Cassation
The Court of Cassation accepted A.A.'s appeal, emphasizing that the Court of Appeal did not adequately consider the motivations behind the conflict, excessively attributing responsibility to the father. The decision to maintain custody with Social Services, despite the father's positive changes, was deemed inconsistent with the legal principles governing the custody of minors, particularly the principle of the best interests of the child and co-parenting.
Conclusions
This ruling represents an important step in recognizing the right to parenthood, even in complex contexts. The Court emphasized the importance of considering every aspect of the family situation, without limiting oneself to a superficial view of the past. A.A.'s case demonstrates that rehabilitation and personal change can and must be taken into account in assessing parental capacity, thus promoting a fairer and more just approach for the well-being of the minor.
