The Court of Cassation and Adoption: Analysis of Ordinance No. 29685 of 2024

The recent ordinance No. 29685 of November 19, 2024, from the Court of Cassation has provided important clarifications regarding the right of ascendants to maintain significant relationships with their minor grandchildren. This case, which involved a paternal grandmother, A.A., highlighted the delicate family dynamics and the importance of protecting the best interests of the child, as outlined by Italian law and European conventions.

The Context of the Ruling

The Court of Appeal of L'Aquila had initially rejected A.A.'s appeal, arguing that there were no grounds to ensure a healthy relationship between the grandmother and her grandchildren. The minors, E.E. and F.F., had expressed their desire not to meet their grandmother due to past incidents that had undermined their relationship. In its decree, the Court emphasized that the right of ascendants to maintain relationships with their grandchildren is not unconditional, but must always be subordinate to the interests of the minor.

The right of ascendants to maintain significant relationships with their minor grandchildren is functional to the interests of the latter and presupposes a positive, rewarding, and satisfying relationship for each of them.

Legal Principles and Interests of the Minor

The Court of Cassation reaffirmed principles already expressed in previous rulings, emphasizing that the maintenance of significant relationships must arise from a positive relationship and not from coercion. According to Article 317 bis of the Civil Code, the right of ascendants to maintain relationships with their grandchildren is contingent upon a concrete assessment of the interests of the minor. In this case, the Court determined that there were insufficient reasons to ensure meetings between A.A. and the grandchildren due to the existing conflict between the parties and the evident preferences expressed by the minors.

• The right of ascendants is subordinate to the interests of the minor.
• Relationships must be positive and rewarding.
• It is not permissible to force meetings against the will of the minors.

Conclusions

The ruling of the Court of Cassation marks an important step in the protection of minors' rights and the management of family relationships. It calls for considering the well-being of minors as an absolute priority, avoiding impositions and coercions that could harm their psycho-emotional development. Ordinance No. 29685 of 2024 reminds us that family relationships must be built on principles of respect and spontaneity, so that they can truly contribute to the well-being of minors.