School Choice in Parental Conflicts: A Recent Ruling by the Supreme Court

The recent ruling by the Court of Cassation (No. 13570 of May 16, 2024) offers important insights into the choice of school for a minor in cases of conflict between separated parents. The central issue concerns the balancing of the parents' right to participate in educational decisions and the superior interest of the minor, a cornerstone principle in Italian family law.

The Case Under Review

In the case under review, the mother, B.B., requested the enrollment of her son at Gonzaga in Milan, a private institution, despite the father's dissent, A.A. The Court of Milan authorized this enrollment, highlighting the importance of stability and educational continuity for the minor, who was already affected by the parents' separation.

The choice of school must always take into account the superior interest of the minor, especially in complex family contexts.

The Court of Appeals confirmed this decision, emphasizing the minor's desire to maintain already established social and friendship relationships at the current institution. However, the father challenged the decision, arguing that it had not been adequately justified.

Relevant Legal Principles

The Court reiterated some fundamental principles:

• The right to choose a school must be subordinate to the interest of the minor, as established by Article 337-ter of the Civil Code.
• The principle of secularism cannot be invoked absolutely; it must be balanced with the protection of the rights of the minor.
• Decisions regarding the school must consider not only the educational offerings but also the social relationships and psychological well-being of the minor.

In this context, the Court of Cassation declared the father's grounds for appeal unfounded, considering that the choice of a private school was justified by the need to ensure a stable and supportive educational environment for the minor.

Conclusions

The ruling in question represents an important affirmation of the principle that the interest of the minor must prevail in parental decisions regarding their education. The Court demonstrated that, in situations of conflict between parents, it is crucial to ensure stability and continuity for the minor, avoiding further trauma in an already difficult family context. This jurisprudential orientation invites parents to consider not only their rights but, above all, the needs and desires of the minor, in a perspective of cooperation and shared responsibility.