Judgment No. 10318 of 2024: Jurisdiction and Administration of Minors' Assets in Divorce

With the recent order No. 10318 of April 16, 2024, the Court of Cassation ruled on a crucial aspect of family law concerning the management of minors' assets in cases of parental conflict after divorce. This ruling offers important clarifications on jurisdictional powers in such situations, establishing that claims relating to the administration of a minor child's personal assets must be brought before the guardianship judge, rather than the ordinary court.

Context of the Judgment

The legal issue analyzed by the Cassation Court arose from a conflict between parents, M. V. and S. P., which occurred after the conclusion of divorce proceedings. The Court reiterated that, in the presence of a dispute between parents regarding the administration of the minor's assets, jurisdiction lies with the guardianship judge. This is a fundamental point, as it highlights how conflicts of interest between parents and children require specific intervention to best protect the minor's rights.

Divorce - Administration of the personal assets of a minor child - Conflict between parents and children after the conclusion of divorce proceedings - Appointment of a special guardian - Determination of their remuneration - Jurisdiction - Guardianship judge. In matters of marital dissolution, a parent's claim for measures concerning the administration of the minor child's personal assets, where the conflict with the other parent arose after the conclusion of divorce proceedings, must be filed with the guardianship judge, who is also competent, pursuant to Article 321 of the Code of Civil Procedure, to appoint a special guardian, given the conflict of interest between the parents and the minor, and to determine their remuneration. Article 38 of the implementing provisions of the Civil Code, which applies to pending separation or divorce proceedings or those for modifications of provisions concerning children, initiated under Articles 710 or 337-quinquies of the Code of Civil Procedure, cannot be applied.

Regulatory Implications

The judgment in question refers to several legal provisions, including Article 321 of the Code of Civil Procedure, which establishes the guardianship judge's jurisdiction for appointing a special guardian. This is a crucial step, as the special guardian is tasked with ensuring that the minor's interests are preserved within the context of a family conflict. Furthermore, the application of Article 38 of the implementing provisions of the Civil Code, which deals with pending separation or divorce cases, is excluded, thus shifting the focus to the need for specific and timely intervention by the judicial authority.

• Clarity on the jurisdiction of the guardianship judge
• Protection of the minor's interests in cases of conflict of interest
• Appropriate resolution of post-divorce conflicts

Conclusions

In summary, order No. 10318 of 2024 represents a significant development in Italian jurisprudence concerning family law. It highlights the need for a targeted and competent approach in managing minors' assets, especially when conflicts arise between parents. The decision of the Court of Cassation provides valuable guidance for legal professionals and families involved in separation or divorce situations, emphasizing the importance of protecting minors' rights at every stage of the proceedings.