High-Conflict Divorce Management

Facing the end of a marriage is a complex journey, which becomes even more difficult when characterized by high conflict, especially when children are involved. We understand that the primary concern in these cases is to protect minors from the negative consequences of parental conflict. Deep disagreement can indeed compromise children's well-being and require legal intervention that is not only decisive but also timely and strategic. As a divorce lawyer in Milan, lawyer Marco Bianucci handles these delicate situations with an approach aimed at reducing emotional damage and re-establishing balance, always prioritizing the minors' welfare.

The Regulatory Framework: Children's Welfare is Paramount

Italian legislation places the superior interest of the minor as the cornerstone principle in all separation and divorce proceedings. This means that every decision made by the Court, from custody and placement to regulating relationships with both parents, must be guided solely by the need to ensure a balanced and serene upbringing for the child or adolescent. In high-conflict situations, where parental cooperation is compromised, the judge has specific tools to intervene. Among these, urgent measures under Article 709-ter of the Code of Civil Procedure are fundamental for sanctioning behaviors by a parent that are harmful to the minor or hinder the proper implementation of custody arrangements.

The Bianucci Law Firm's Approach

The strategy adopted by the Bianucci Law Firm in Milan is based on the firm conviction that the protection of minors is the primary and non-negotiable objective. The approach of lawyer Marco Bianucci, an expert in family law, is not limited to procedural management but aims to de-escalate conflict through clear and assertive legal communication, focusing on facts and concrete solutions. When dialogue is insufficient or when a parent engages in harmful conduct, we do not hesitate to resort to the most effective tools available under the law, such as timely appeals to the Court to obtain measures that immediately protect the children. Our assistance is aimed at defining a stable arrangement that allows minors to maintain a continuous and positive relationship with both parental figures, shielded from the couple's tensions.

Frequently Asked Questions

What are urgent measures for the protection of minors?

Urgent measures are steps that a judge can take quickly, even during divorce proceedings, when a parent's behavior is severely harmful to the children. These can include warnings, financial penalties, compensation for damages to the minor or the other parent, and, in more serious cases, changes to custody arrangements.

How can one intervene if a parent manipulates the children?

When it is suspected that a parent is engaging in behaviors aimed at discrediting the other parent in the eyes of the children (so-called parental alienation), it is crucial to take legal action. One can ask the judge to order an Official Technical Consultancy (CTU) to assess the minor's psychological state and the quality of family relationships, in order to adopt the most appropriate measures for their protection.

Is it possible to obtain sole custody in a high-conflict divorce?

Shared custody is the rule in our legal system, as it guarantees the minor's right to both parents. However, sole custody may be granted by the Court when shared custody is contrary to the child's best interest. High conflict, by itself, is not always sufficient, but it becomes so if it translates into behaviors by one parent that compromise the child's psycho-physical health.

Request a Case Assessment

A high-conflict divorce requires clarity, expertise, and a targeted legal strategy. If you are facing such a situation and your priority is the protection of your children, it is essential to receive clear and professional legal advice. Lawyer Marco Bianucci offers consultations at his office in Milan, at via Alberto da Giussano 26, to analyze your position in detail and outline the most effective actions to take. Contact the firm to schedule an appointment and receive a personalized analysis of your case.