The right of access of the non-custodial parent

How to protect the best interests of minors in private meetings

The issue addressed in the judgment of 10 November 2021 by the European Court of Human Rights, which we deal with in this work, is not only of sure interest from a theoretical-legal point of view, but also of great relevance from a practical point of view.

The nature, scope and modalities of exercise of the right of access are certainly problems that tend to seriously engage jurisprudence in in-depth reflections, but they are also issues operators are used to dealing with very frequently.

This is also why the European Court has decided to settle the case submitted by first reconstructing the framework of the main rules that supervise the exercise of the right of access and then later by indicating the preferred solution through an evolutionary reading of the legal institution in question oriented towards the European Convention on Human Rights.

An in-depth study of the case law on the right of access of the non-custodial parent is attached.