Separation and the Right to Relocate: Commentary on Cass. civ., Ord. no. 33608 of 2021

The judgment of the Court of Cassation no. 33608 of 2021 addresses a highly relevant issue in family law: the right of a parent to relocate their minor child abroad, in the context of shared custody. This matter falls within the broader debate on balancing the developmental needs of minors with the individual needs of parents, especially in situations of separation or divorce.

The Case Under Review

In the case examined by the Court, the mother, O.V.I., requested to relocate her son R.J. to Romania, where she believed he would have greater professional and relational opportunities. The request had been denied by the court of Trento, which highlighted that the relocation could compromise the child's relationship with his father, G.R., given the existing shared custody arrangement. The mother therefore appealed to the Court of Cassation, arguing that her right as a custodial parent should prevail.

The right of adults to choose their place of residence must be balanced with the child's right to maintain bi-parental relationships.

Legal and Jurisprudential Principles

The Court of Cassation, in rejecting the appeal, reiterated several fundamental principles. Firstly, Article 337 ter of the Civil Code establishes that a minor has the right to maintain a balanced and continuous relationship with both parents. Jurisprudence has already clarified that a parent's relocation does not automatically imply a loss of suitability for child custody. However, the Court emphasized that every decision must be made with the paramount interest of the minor in mind.

A Difficult Balance to Strike

The case at hand highlights the difficulties judges face in situations of parental conflict. The Court held that relocating abroad would have jeopardized the emotional bond between the father and son, compromising the child's psycho-physical development. The importance of ensuring the stability and continuity of family relationships is a crucial point, which often clashes with parents' personal aspirations.

• The child's right to maintain stable relationships is paramount.
• Relocation abroad must be carefully evaluated.
• Every decision must consider the needs of both parents and the child.

Conclusions

The decision of the Court of Cassation no. 33608 of 2021 offers food for thought on the complexity of post-separation family dynamics. It highlights how, in cases of shared custody, the relocation of a minor abroad must be carefully assessed, always placing the child's best interest at the center. This jurisprudential orientation encourages parents to consider not only their own needs but also the impact of their decisions on their children's lives, promoting responsible and aware parenting.