The Right to Be a Parent

Having one's role as a father or mother denied is one of the most painful experiences a person can face. When this does not happen due to natural causes, but due to the deliberately obstructive behavior of the other parent, the pain transforms into a profound injustice. Italian law recognizes the seriousness of this conduct and provides tools to protect those who suffer the deprivation of contact with their children. As an attorney specializing in damages compensation in Milan, Avv. Marco Bianucci supports parents who are fighting to have not only their rights recognized, but also the suffering endured due to such behavior.

Damage from Deprivation of Parental Relationship in the Legal Context

The right and duty of a parent to maintain, instruct, and educate children is enshrined in Article 30 of the Constitution. When one parent prevents the other from exercising this right, they not only violate a rule but also harm the most intimate personal and emotional sphere of the individual. Jurisprudence has consolidated the principle that such unlawful conduct generates non-pecuniary damage, which must be compensated. This damage manifests primarily as existential damage, meaning the prejudice that alters life habits and interpersonal relationships, forcing a different and worse existence than would have been had. In this context, we also speak of intra-family damage, recognizing that the most serious offenses can occur precisely within the domestic sphere, with devastating consequences on the psychophysical well-being of those involved.

The Bianucci Law Firm's Approach

Addressing a lawsuit for damages compensation due to deprivation of parental rights requires a rigorous legal strategy and profound human sensitivity. The approach of Avv. Marco Bianucci, an attorney specializing in damages compensation in Milan, focuses on three fundamental pillars. The first is the meticulous collection of evidence: it is essential to prove the obstructive behavior of the other parent and the causal link to the damage suffered in court. This involves a careful analysis of messages, emails, unanswered communications, testimonies, and, if present, reports from social services. The second pillar is the correct qualification and quantification of the damage, arguing solidly for the suffering endured and the repercussions on daily life. Finally, legal action is calibrated to protect not only the injured parent but also the supreme interest of the minor to maintain a balanced and continuous relationship with both parental figures.

Frequently Asked Questions

When can compensation be claimed for deprivation of parental rights?

Compensation can be claimed when a parent, with intent or gross negligence, adopts continuous behaviors aimed at hindering or preventing the exercise of visitation rights and the maintenance of the other parent's relationship with the child. It is necessary for such conduct to cause concrete and demonstrable prejudice to the personal and emotional sphere of the excluded parent. A single episode is not sufficient; repeated conduct over time is required.

What type of evidence is needed to prove the damage?

The burden of proof rests with the person seeking compensation. Evidence can be of various types: documentary (emails, WhatsApp messages, ignored cease and desist letters), testimonial (people who can confirm failed attempts to see the child or the obstructive attitude of the other parent), and, in some cases, psychological expert reports attesting to the psychophysical prejudice suffered by the parent and the child.

How is the compensation amount calculated?

There are no predefined tables for damage due to deprivation of parental rights. The quantification is carried out by the judge equitably, meaning based on an overall assessment of the case. Factors considered include the duration of the deprivation, the severity of the conduct, the age of the minor, the intensity of the suffering endured, and the negative consequences on the life of the damaged parent.

Does parental alienation entitle to compensation?

Yes, the conduct known as parental alienation, which is the campaign of denigration and psychological manipulation of the child by one parent to alienate them from the other, represents one of the most serious forms of intra-family offense. If proven, it can form the basis for a claim for existential damages compensation for both the alienated parent and, in some cases, for the child themselves.

Contact the Firm for an Assessment of Your Case in Milan

If you believe you are a victim of conduct that prevents you from fully living your role as a parent, it is crucial to act with adequate legal support. Understanding the feasibility of a compensation action requires in-depth and personalized analysis. Avv. Marco Bianucci receives at the Bianucci Law Firm in Milan, at Via Alberto da Giussano, 26, to provide a clear and strategic legal opinion on your situation. Contact the firm to schedule an appointment and discuss the necessary steps to protect your rights.