Custody and Maintenance Expenses: Commentary on Cass. civ., Sez. I, Ord. n. 19069 of 2024

On April 9, 2024, the Court of Cassation issued ordinance n. 19069, addressing sensitive issues regarding shared custody and maintenance expenses in the context of separation between spouses. This ruling provides significant insights into how Italian law protects the rights of minors and families in crisis situations.

The Context of the Ruling

The dispute originated from an appeal filed by A.A. against the decree of the Court of Appeal of Ancona, which had modified the father's visitation arrangements, establishing a maintenance allowance of 250 euros per month. A.A. contested the decision, arguing that the visitation arrangements were contrary to the principle of shared parenting and detrimental to the child. In his defense, the appellant referenced various articles of the International Convention on the Rights of the Child and the European Convention on Human Rights.

For a parent and their child, being together is a fundamental aspect of family life.

The Grounds for Appeal and the Court's Responses

A.A.'s appeal was articulated on four grounds, all declared inadmissible by the Court. In particular, the first three grounds were deemed inadmissible as they did not present an adequate challenge to the reasons provided by the Court of Appeal. Instead, the fourth ground, concerning the regulation of litigation costs, was also considered generic. The Court highlighted that the appellant's approach was focused on a request for re-evaluation of the facts, which is not permitted at the legitimacy level.

Principles of Shared Parenting and Child Protection

The ordinance clarifies that, in matters of custody and visitation rights, it is essential to consider the child's age and needs. The judges of merit determined that the adopted visitation arrangements, with time limitations and without overnight stays, were appropriate for the young age of the child, who was only a few months old at the time of the ruling. This approach reflects an interpretation of shared parenting that goes beyond mere time-sharing, also considering the psychological well-being and harmonious development of the child.

  • Shared custody with placement with the mother.
  • Father's visits limited to two afternoons a week.
  • Maintenance allowance reevaluated annually.

Conclusions

Ruling n. 19069 of 2024 from the Court of Cassation provides important indications on the management of separations and family dynamics. It reaffirms the principle of shared parenting, emphasizing the importance of ensuring meaningful relationships between parents and children while considering the child's needs. The Court, therefore, confirmed that the protection and well-being of the child must remain at the center of legal decisions, highlighting a balanced and careful approach to managing family conflicts.

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