Analysis of Judgment Cass. civ., Sec. I, Ord., no. 12282 of 2024: The Right to Biparentality and the Transfer of Minors

Judgment no. 12282 of 2024 by the Court of Cassation is part of a crucial debate concerning biparentality and the transfer of minors. Through its ruling, the Court reiterated the importance of ensuring a balanced and continuous relationship between children and each parent, even in situations of separation or divorce. This article will explore the salient points of the judgment, analyzing the grounds for appeal and the implications for the families involved.

Context of the Judgment

In the case at hand, A.A. appealed an order from the Court of Naples that allowed B.B. to move with their children to Pordenone for work reasons. The decision was challenged by A.A., who highlighted how such a transfer would hinder his right of visitation and the possibility of maintaining a significant bond with his children. The Court of Appeal initially rejected the appeal, but the Court of Cassation upheld A.A.'s appeal, emphasizing the insufficient consideration given to the distance between the two cities and the needs for contact between the parent and children.

The child's right to maintain a balanced and continuous relationship with both parents is a fundamental principle that must always be protected.

Legal Principles Involved

The Court referred to Article 337-ter of the Italian Civil Code, according to which the judge must adopt provisions concerning children, excluding any interference with the moral and material interests of the minor. This principle is fundamental to ensuring that decisions regarding the transfer of minors do not compromise the right to biparentality. The Court of Cassation also stressed that the lower court judge had not adequately assessed the children's statements and the implications of the transfer on their daily lives.

• Importance of the parental relationship: The judgment highlights how the bond between minors and parents must be preserved.
• Assessment of distance: The Court emphasized the importance of considering the logistical and relational consequences of the transfer.
• Role of the judge: The judge must adequately justify their decisions, taking into account all evidence and situations presented by the parties.

Conclusions

Judgment no. 12282 of 2024 represents an important step forward in protecting the right to biparentality, underscoring the need for careful consideration of requests for the transfer of minors. It is essential for judges to balance parents' work needs with children's right to maintain a meaningful relationship with both parents. This ruling not only clarifies the applicable principles in such situations but also offers an important point of reflection for future family disputes.