The recent ruling of the Court of Cassation, n. 9071 of 2024, addresses crucial issues related to the regulation of parental rights and the listening to the minor in custody proceedings. The decision provides food for thought on the role of justice in protecting the rights of minors and managing family relationships in situations of conflict.
The Court examined the case of A.A., the father of the minor B.B., who contested the decision of the Court of Appeal of Milan that denied his right to participate in his daughter's health care choices. The Court of Varese had already established exclusive custody to the mother and imposed a monthly contribution from the father for the maintenance of the minor. The central issue focused on the failure to hear the minor, a right enshrined in Article 336-bis of the Italian Civil Code.
The Court reiterated that listening to the minor is not a mere bureaucratic obligation, but a fundamental right to be guaranteed in respect of their best interests.
One of the most relevant issues raised by the ruling is the principle of the right to b parentality, which implies an active presence of both parents in the minor's life. The Court confirmed that the listening to the minor, who was already twelve years old, must take place when it does not conflict with their best interests. In this case, the Court deemed the failure to listen justified, considering her health conditions and the relationship with the father.
The ruling n. 9071/2024 of the Court of Cassation represents an important step forward in the protection of minors' rights, emphasizing the importance of an approach that considers not only the rights of parents but also the well-being and voice of children. The hearing of the minor must be conducted with care and responsibility, always taking into account their emotional and relational state. B parentality, as a fundamental right, must be guaranteed in all its facets to ensure healthy and stable emotional relationships between the minor and both parents.
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