Bigenitoriality and the Minor's Rights: Commentary on Cass. civ., Ord. no. 29690/2024
The recent ruling by the Court of Cassation, specifically ordinance no. 29690 of November 19, 2024, has shed light on the complexities of issues related to bigenitoriality and parental responsibility. The Court examined a case of conflict between parents, highlighting how the right to bigenitoriality should never be understood as an absolute right, but rather as a need for balance in the best interest of the minor.
Context of the Decision
In the case at hand, the Court of Appeal of Rome had ordered the reinstatement of parental responsibility for the mother, C.C., limited to the ordinary management of her son D.D., despite accusations of obstructive behavior towards the father, A.A. The Court of Cassation upheld the appeal filed by A.A., emphasizing that the forfeiture of parental responsibility cannot be an automatic measure, without adequate assessment of the impact on the minor's rights and well-being.
The right to bigenitoriality is, first and foremost, a right of the minor, and must be framed through criteria aimed at achieving the child's best interests.
Implications of the Ruling
The ruling reiterates the importance of listening to the minor and considering their wishes, especially during adolescence. D.D., at the time of the hearing, clearly expressed his wish not to meet his father. This element was a crucial factor in the Court of Cassation's decision, which highlighted the potential psychological harm that a sudden separation from the mother could cause.
- The principle of bigenitoriality must ensure a balance between the needs of both parents.
- Parental responsibility must be assessed on a case-by-case basis, taking into account the minor's best interests.
- Communication and cooperation between parents are fundamental to avoiding trauma to the minor.
Conclusions
In conclusion, the Cassation ruling no. 29690/2024 represents an important precedent in family law, emphasizing how decisions regarding parental responsibility must always be oriented towards the minor's well-being. Institutions must ensure that the child's needs are prioritized, avoiding compromise to their emotional and psychological balance.
