Exclusive custody of the minor: commentary on the ruling of the Court of Cassation n. 26517/2024

The ruling n. 26517 of 2024 by the Court of Cassation represents an important decision regarding the custody of minors, addressing delicate and complex issues related to the separation of spouses and the protection of the child's interests. In this case, the judges had to decide on the custody of the minor C.C., highlighting determining factors for the psychological well-being of the child and the stability of her family environment.

The context of the ruling

The controversy originated from the decision of the Court of Appeal of Palermo, which reformed the previous ruling of the Tribunal, establishing exclusive custody of the minor to the father, B.B., and imposing protected visits between the mother, A.A., and the daughter. The Court based its decision on reports from technical consultants and social services, highlighting deficiencies in the mother's parenting ability and the stability offered by the father.

• The mother was described as incapable of attuning to the emotional needs of the child.
• The father, on the other hand, demonstrated to be a present and responsible father figure.
• The interactions between the mother and daughter were deemed potentially harmful to the well-being of the minor.

The choice of custody to one parent must be supported by the assessment of parental suitability and the consequences for the children's lives.

The motivations of the Court of Cassation

The appeal presented by A.A. was deemed inadmissible, as the Court found the reasoning regarding the alleged inappropriate behaviors of the father insufficient. The Court of Cassation reiterated that the trial judge has the authority to evaluate the evidence and allegations presented without being required to consider every single element, as long as the reasoning for the decision is logical and coherent.

In particular, the Court recalled the principle of the superior interest of the child, highlighting how the conflict between the parents and the difficulties in the relationship between mother and daughter justify exclusive custody to the father. Italian jurisprudence, in fact, emphasizes that custody must always take into account the psychological health and well-being of the minor, even at the cost of limiting the rights of one of the parents.

Conclusions

The ruling of the Court of Cassation n. 26517/2024 represents an important confirmation of the principle that the well-being of the minor must prevail over any other consideration. Exclusive custody may be necessary when there are elements that jeopardize the emotional and psychological stability of the child. It is therefore essential that parents understand the importance of maintaining a serene and favorable environment for their children's growth, avoiding conflicts that may harm their serenity.