Custody and Welfare of Minors. How Can the Right to Maintain Meaningful Ties with Both Parents Be Guaranteed?

The case at the basis of the order being discussed is common to many other circumstances: a father and a mother, unable to reach an agreement after their separation on how to continue caring for their child (in this case, a young girl), turned to the competent court, the Court of Novara, which decided to grant exclusive custody of the child to the father, with her residence established at his home. The mother appealed to the Turin Court of Appeal, which, however, opted to uphold the decision taken by the judge of first instance.

Today, following the reform introduced by Legislative Decree No. 154 of 28 December 2013, joint custody of children in the event of family breakdown has become the norm thus overturning the previous legal framework.

In recent years, case-law has therefore turned to joint custody as the best approach to ensuring children’s right to a relationship with both parents.

An in-depth study of the case law on Custody and Welfare of Minors is attached.