Divorce and Child Custody: The Ruling of the Court of Appeal of Rome

On May 3, 2023, the Court of Appeal of Rome issued a significant ruling concerning divorce, child custody, and alimony. This case, involving S.S. and B.A., provides important insights into the management of separations and the rights of minors, highlighting how the Italian justice system strives to ensure the best interests of the child.

The Context of the Case

The ruling developed following an appeal filed by S.S., who contested the decision of the Court of Velletri, which had established joint custody of their son L. and revoked the assignment of the marital home. The Court had to consider various aspects, including the economic situation of both parents and the needs of the minor. The mother emphasized that the child has always lived in her home and requested that his primary placement be maintained.

The Court established that L.'s placement must remain predominantly with the mother, considering his well-being and stability in his daily life.

The Court's Decisions

The Court partially upheld S.S.'s appeal, confirming the assignment of the marital home to her and establishing a monthly alimony of 300 euros to be paid by B.A. This decision was made considering:

• The needs of the minor, who has always lived in the marital home, a place of affection and stability.
• The principle of the best interest of the child, which must always be at the center of any judicial decision regarding custody.
• The income difference between the parents, which justified the need for financial support from the father.

Legal Implications and Regulatory References

This ruling aligns with the principles established by Italian jurisprudence, particularly with the indications provided by the Court of Cassation, which has repeatedly stated that the assignment of the family home cannot be revoked solely because one of the parents begins a new cohabitation. The Court reiterated that every decision must take into account the specific circumstances of the case and the well-being of the minor as an absolute priority.

Conclusions

The ruling of the Court of Appeal of Rome represents an important step in protecting the rights of minors in situations of separation and divorce. It underscores the importance of ensuring a stable and family-rich environment for children, reflecting the commitment of the Italian justice system to balance the rights of parents with those of their children. Attention to the daily reality of the minor and their emotional and practical needs is a clear message for all future cases of custody and maintenance.