When Decisions About a Child's Health Become a Cause for Conflict

Discovering that the other parent has decided to change your child's pediatrician without any prior consultation is a situation that generates deep frustration and legitimate concern. In a delicate period such as after a separation or divorce, managing the health of minors represents one of the most sensitive aspects. Many parents question the legitimacy of such unilateral actions, wondering if their parental rights have been violated. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci deals with these dynamics daily, providing support to protect the well-being of minors and ensure compliance with custody rules.

The Legal Framework: Shared Custody and Decisions of Major Interest

In the Italian legal system, the general rule in cases of parental separation is shared custody of children, governed by Article 337-ter of the Civil Code. This regime requires parental responsibility to be exercised by both parents. Although matters of ordinary administration can be handled individually by the parent with whom the child is currently residing, decisions of major interest for the minor must be made by mutual agreement. These decisions undeniably include those relating to education, upbringing, and, above all, health.

The choice or revocation of a pediatrician of free choice is not an act of ordinary administration. It is a fundamental decision that directly impacts the continuity of care and the child's psychophysical well-being. Therefore, a parent cannot unilaterally change the attending physician. Such an action constitutes a clear violation of the provisions concerning shared custody, infringing upon the other parent's right to actively participate in fundamental life choices for their child.

The Bianucci Law Firm's Approach to Protecting Parenthood

When custody agreements are violated, it is essential to act promptly and with clarity. The approach of Avv. Marco Bianucci, a family lawyer in Milan, is based on a thorough analysis of the specific case, aiming first and foremost to restore dialogue and the correct application of parental rules. The primary objective is always to protect the child's peace of mind, avoiding, where possible, unnecessary escalation of conflict.

In the initial phase, the Bianucci Law Firm formally warns the other parent, inviting them to revoke the unilateral decision and restore the previous situation or, alternatively, to jointly agree on a new healthcare professional. Should the attempt at an out-of-court resolution not yield the desired results, Avv. Marco Bianucci prepares the necessary appeals before the competent Judge. The judicial authority, in fact, has the power to intervene to resolve disputes over decisions of major interest, and can also sanction the non-compliant parent for violating the rules of shared custody.

Frequently Asked Questions

Can an ex-spouse make medical decisions alone?

Under a shared custody regime, ordinary medical decisions, such as treating a mild seasonal illness, can be made by the parent who has the child with them. However, extraordinary medical decisions or those of major interest, such as surgical procedures, prolonged therapies, or, indeed, the choice of pediatrician, absolutely require the consent of both parents. In case of disagreement, it is necessary to refer the matter to the Judge.

What should I do if the mother or father changes the child's doctor without notice?

The first recommended action is to seek clarification in writing, contesting the unilateral choice and reminding them of the obligation for joint decision-making. If this approach does not work, it is advisable to contact a lawyer to send a formal warning. If the situation persists, the lawyer will consider filing an appeal with the Judge to reinstate the previous pediatrician or to obtain an order regulating the matter.

Is there a penalty for unilaterally changing the pediatrician?

Yes, a parent who makes decisions of major interest unilaterally violates the Judge's orders regarding shared custody. This conduct can be sanctioned under Article 709-ter of the Code of Civil Procedure. The Judge may admonish the non-compliant parent, order compensation for damages in favor of the other parent or the minor, and order the transgressor to pay an administrative pecuniary sanction.

Protect Your Parental Rights: Contact the Bianucci Law Firm

If you believe your right to participate in decisions about your child's health has been violated, it is crucial not to let the situation become entrenched. Every issue concerning minors requires careful intervention tailored to the specific circumstances of the family. The costs and timelines of any legal action depend on the peculiarities of each individual case and the level of existing conflict.

Contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26, to book an initial consultation. During the meeting, the details of the situation and existing separation orders will be analyzed, and the best legal strategies to restore the correct exercise of shared parental responsibility will be clearly and transparently explained.