In Order No. 21969 of 5 August 2024, the First Civil Division of Italy’s Court of Cassation declared inadmissible a father’s appeal against measures taken by the Turin Court of Appeal concerning his teenage daughter.
The circumstances of the case
The girl was in the care of her paternal uncle and aunt. The appellate court had extended that placement and suspended meetings with both parents, allowing the services to reassess contact if the girl requested it and it was considered beneficial. The court had considered her views, her improvement in the placement and the difficulties in her relationship with her father.
What the decision means
The Court of Cassation recalled that a deeply rooted aversion that cannot readily be overcome in an adolescent aware of her feelings may justify suspending contact altogether. The court must assess its intensity and persistence, and whether continued meetings would help the relationship or worsen the child’s distress.
That assessment does not necessarily depend on parental fault or on whether the child’s stated reasons are objectively justified. It does not give every refusal an automatic effect: the particular circumstances and the court’s reasoning remain essential.
In this case, the appeal did not overcome the reasons supporting the decision and sought a fresh factual assessment that was outside the scope of the Court’s review as requested.
