Judgment No. 9442 of 2024: Biparentality and the Right to Family Life

The recent judgment of the Court of Cassation No. 9442 of April 9, 2024, addresses a crucial issue in family law: biparentality and its legal implications. In particular, the decision focuses on the modalities of contact and visitation with minor children, establishing that restrictions excluding overnight stays by the non-resident parent can be challenged. This judgment offers significant insights for both legal professionals and families in separation situations.

The Legal Context of Biparentality

Biparentality is a fundamental principle enshrined in the European Convention on Human Rights (Art. 8), which protects the right to family life. According to the Court, measures that limit the possibility of overnight stays for the non-resident parent not only restrict their right to actively participate in the child's life but also violate the principles of family protection. Judgment No. 9442 establishes that such measures are appealable to the Court of Cassation when they may infringe upon the right to family life.

PARENTAL AUTHORITY In general. Regarding biparentality, judicial measures that, at the conclusion of proceedings to review custody arrangements, exclusively or additionally determine the modalities of contact and visitation with minor children, excluding overnight stays (and thus, not allowing the parent not residing with the child to fully exercise their care, upbringing, education, material, and moral support functions), are appealable to the Court of Cassation if they impose restrictions likely to infringe, over time, the fundamental right to family life enshrined in Article 8 of the ECHR.

Implications of the Judgment

Judgment No. 9442 of 2024 underscores the importance of biparentality and the protection of the rights of the non-resident parent. Key points include:

• Biparentality as a fundamental right recognized at both national and European levels.
• The possibility of challenging measures that unjustly restrict visitation arrangements.
• The recognition of the non-resident parent's right to actively participate in the child's life.

These considerations highlight a growing focus on respecting family rights and the need to ensure a balance between parental needs and the well-being of minors.

Conclusions

In conclusion, Judgment No. 9442 of 2024 represents a significant step forward in the protection of biparentality and the rights of non-resident parents. It reaffirms the importance of family life and the right of parents to be active participants in their children's growth and education. For legal professionals and practitioners in the field, it is essential to consider these rulings in their daily practice to ensure legal solutions that respect the rights of all parties involved.