The Child's Refusal

A child's refusal to meet the non-custodial parent is one of the most complex and painful experiences that can arise from a separation or divorce. This situation not only causes deep emotional suffering but also raises complex legal questions. Understanding how to act, what tools the law provides, and how to protect the child's well-being is fundamental. In these circumstances, the support of a family lawyer is crucial to navigate the complexity of the situation with clarity and competence, always placing the child's paramount interest at the center.

The Legal Framework: Child's Interest and Visitation Rights

Italian legislation is based on the principle of the child's paramount interest, which guides all Court decisions. The child's right to maintain a balanced and continuous relationship with both parents is enshrined in Article 337-ter of the Civil Code. This right is reciprocal to the right and duty of each parent to participate in the care, upbringing, and education of the child. When a minor expresses a firm refusal to meet, the judge must investigate the underlying causes, also utilizing the so-called child's hearing, provided for by Article 336-bis of the Civil Code, if the child is over twelve years old or, if younger, is capable of discernment.

It is important to clarify that a child's refusal does not automatically lead to the suspension of visitation rights. The Court will assess whether this opposition is genuine and independent or, conversely, the result of external influences or obstructive behavior by the custodial parent. In the latter case, conduct detrimental to the child could be constituted, with serious legal consequences even for the parent engaging in it, such as a warning or a claim for damages.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses on a strategic and personalized analysis of the situation. We understand that behind a child's refusal lie delicate dynamics that require a targeted and not merely imposed intervention. Our first action is aimed at understanding the reasons for the distress expressed by the minor, favoring, where possible, de-judicialized paths such as family mediation or the support of a child psychologist. The goal is to restore constructive dialogue and protect the parental bond.

If a conciliatory approach is not feasible or sufficient, the Bianucci Law Firm, based in Milan, assists the parent in activating the most appropriate judicial tools. This may include requesting an Official Technical Consultancy (CTU) to ascertain the child's psychological situation and family dynamics, or an appeal to modify the conditions of separation or divorce. Our legal assistance is always aimed at finding the most effective solution to protect the right of the child and the parent to live their relationship serenely.

Frequently Asked Questions

At what age can a child decide not to see a parent?

Italian law does not specify an age at which a child can autonomously decide not to see a parent. However, from the age of 12 (or even earlier if capable of discernment), their opinion carries significant weight in the judge's decisions. The Court will always assess whether the minor's will is genuine and whether it serves their true interest, excluding manipulation or external pressure.

What happens if a child refuses to see their father or mother?

If the refusal is persistent, the parent wishing to exercise their visitation rights can turn to the Court. The judge will initiate an investigation to understand the causes of the refusal, listening to the minor and possibly ordering psychological counseling. The goal is not to force meetings but to create conditions to overcome difficulties and restore the relationship, for example, through supervised visits or psychological support for the family.

Can one be accused of parental alienation?

Parental alienation, or more correctly, acts that hinder the relationship with the other parent, is conduct that jurisprudence considers seriously detrimental to the child. If it is ascertained that the child's refusal is induced by the denigrating or obstructive behavior of the custodial parent, the latter may face consequences such as a warning, a monetary penalty, damages, and, in more serious cases, a change in custody.

Request a Consultation for Your Case

Dealing with a child's refusal is a challenge that requires sensitivity, strategy, and a deep knowledge of family law. If you find yourself in this difficult situation, it is essential to act in an informed manner to protect your bond and the child's well-being. Lawyer Marco Bianucci offers legal consultation in Milan to analyze your specific case and define the most appropriate actions. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 for an assessment of your situation.