The Right to Bigenitoriality and the Relocation of Minors: Reflections on the Very Recent Ruling of the Supreme Court

The ruling of the Supreme Court of Cassation, with order no. 12282 of May 7, 2024, provides significant insights for reflecting on the delicate issue of bigenitoriality, particularly in situations of separation and divorce. The Court accepted the appeal of A.A. against the decree of the Court of Appeal of Naples, which had authorized the relocation of the minors, C.C., D.D., and E.E., 850 km away from their father's residence. This case highlights the importance of ensuring the minors' right to maintain a balanced and continuous relationship with both parents.

The Context of the Ruling

The case begins with B.B.'s request to move for work reasons to another city, resulting in the relocation of the children. The Court of Appeal, in the first instance, accepted this request without a thorough assessment of the consequences for bigenitoriality. However, the Cassation Court emphasized that this decision did not adequately consider the father's right to maintain a meaningful relationship with the children, as provided by Article 337-ter of the Civil Code.

The minor's right to maintain meaningful relationships with both parents is a fundamental principle that must be protected at every stage of the separation proceedings.

The Reasons of the Supreme Court

The Court accepted the first ground of appeal, considering that relocating the minors a considerable distance would hinder visits and interactions with the father. Italian law, particularly Article 337-ter of the Civil Code, establishes that the judge must adopt measures that ensure the moral and material interests of the minors, taking into account the right to bigenitoriality. Furthermore, the Court underscored that the lack of adequate investigation and reasoning by the Court of Appeal rendered the decision regarding the relocation illegitimate.

Implications for Separated Parents

This ruling has significant implications for separated and divorced parents. Here are some key points to consider:

• The right to bigenitoriality is fundamental and must be respected in every decision involving minors.
• Decisions regarding the relocation of children must be supported by adequate investigation and reasoning by the judge.
• It is essential for both parents to be involved in decisions concerning the well-being of the children.

Conclusions

In conclusion, order no. 12282 of the Cassation represents an important affirmation of the right to bigenitoriality and the need to protect minors' rights in the case of relocation. Judges must always consider the impact of their decisions on the lives of minors, ensuring that they can maintain meaningful relationships with both parents. It is crucial for parents to be aware of these rights and to strive to protect them in every circumstance.