Commentary on Cass. civ., Section I, Order no. 11122 of 2024: Reflections on Child Custody

The recent order of the Court of Cassation no. 11122 of April 24, 2024, has raised important issues regarding child custody in situations of parental conflict. The decision is based on a series of grounds that reflect the judge's attention to the best interests of the child, a cornerstone principle in family law.

Context of the Decision

The case at hand concerns A.A. and B.B., parents of two minors, E.E. and D.D. After a lengthy judicial process, the Court of Appeal of Cagliari ordered the exclusive custody of E.E. to the mother and D.D. to the father, leading to an appeal to the Court of Cassation by the mother. The Court upheld the grounds of appeal, highlighting a series of errors in the assessment of the child's best interests and parental conduct.

In matters of custody of minor children, the judge must adhere to the fundamental criterion represented by the exclusive moral and material interest of the offspring.

Legal Principles and Implications

The Court of Cassation reiterated that the criterion of the child's best interests must prevail over any other consideration. It is essential to ensure co-parenting, which implies an active and positive presence of both parents in the child's life. The ruling recalled several previous decisions, emphasizing that custody must be assessed based on each parent's parenting capacity, taking into account not only past actions but also current dynamics.

• The principle of co-parenting must be respected, ensuring meaningful relationships between the child and both parents.
• The assessment of parental conduct must be objective and based on concrete evidence, avoiding prejudice or unfounded assumptions.
• The child's psycho-emotional well-being must be considered, avoiding conflict situations that could harm their development.

Conclusions

Order no. 11122 of the Court of Cassation represents an important precedent in child custody matters. It invites deep reflection on the role of parents in ensuring a healthy and stable environment for their children, highlighting the need for a balanced approach that considers the needs of all parties involved. The Court clearly intended to reaffirm the importance of an accurate analysis of family dynamics, with the aim of protecting the right of children to grow up in an affectionate and serene context.