Custody and Maintenance Expenses: Commentary on Cass. civ., Section I, Order no. 19069 of 2024

On April 9, 2024, the Court of Cassation issued order no. 19069, addressing sensitive issues concerning shared custody and maintenance expenses in the context of spousal separation. This ruling offers significant insights into how Italian law protects the rights of minors and families in situations of crisis.

The Context of the Ruling

The dispute originated from an appeal filed by A.A. against the decree of the Court of Appeal of Ancona, which had modified the father's visitation arrangements, B.B., by establishing a monthly maintenance allowance of 250 euros. A.A. contested the decision, arguing that the visitation arrangements were contrary to the principle of shared parentage and detrimental to the minor. In his defense, the appellant invoked various articles of the International Convention on the Rights of the Child and the European Convention on Human Rights.

For a parent and their child, being together is a fundamental element of family life.

Grounds for Appeal and the Court's Responses

A.A.'s appeal was based on four grounds, all declared inadmissible by the Court. In particular, the first three grounds were deemed inadmissible as they did not present an adequate challenge to the reasoning provided by the Court of Appeal. Instead, the fourth ground, relating to the regulation of legal costs, was also considered generic. The Court highlighted that the appellant's approach focused on a request for a re-evaluation of the facts, which is not permitted in a review of legality.

Principles of Shared Parentage and Protection of the Minor

The order clarifies that, in matters of custody and visitation rights, it is essential to consider the age of the minor and their needs. The lower court judges established that the visitation arrangements adopted, with time limitations and no overnight stays, were appropriate for the minor's tender age, who was only a few months old at the time of the judgment. This approach reflects an interpretation of shared parentage that is not limited to mere time-sharing but also considers the child's psychological well-being and harmonious development.

• Shared custody with the mother as the primary caregiver.
• Father's visits limited to two afternoons per week.
• Maintenance allowance to be revalued annually.

Conclusions

Order no. 19069 of 2024 by the Court of Cassation offers important guidance on managing separations and family dynamics. It reaffirms the principle of shared parentage, emphasizing the importance of ensuring meaningful relationships between parents and children, while also considering the minor's needs. The Court therefore confirmed that the protection and well-being of the minor must remain at the center of legal decisions, highlighting a balanced and attentive approach in managing family conflicts.