Seeing your number rejected, finding your child's mobile phone constantly switched off, or experiencing the unjustified interruption of video calls are situations that generate deep distress in a parent. When remote communications are systematically hindered by the ex-partner, it is not just a lack of cooperation, but a genuine violation of a fundamental right. Addressing this issue requires clarity and expertise. Lawyer Marco Bianucci, a family lawyer in Milan, deeply understands the delicacy of these dynamics and assists parents in restoring a serene and constant contact with their children.

The Right to Dual Parentage and Remote Communications

In the Italian legal system, the principle of dual parentage guarantees the minor the right to maintain a balanced and continuous relationship with both parents, even after separation or divorce. This right is not limited exclusively to physical meetings established by the visitation schedule drawn up by the judge, but necessarily extends to remote communications. Phone calls, video calls, and messages are essential tools for keeping the parent-child relationship alive in daily life.

Arbitrarily preventing or limiting these contacts means violating court orders and, above all, harming the psychological well-being of the minor. Case law is now well-established in considering that the custodial or guardian parent must actively facilitate communication with the other parent. Obstructionist behaviors, such as switching off the phone at agreed times or constantly making excuses to deny contact, can constitute serious breaches of duty, which can be assessed legally, even for the purpose of potentially modifying custody or placement conditions.

The Approach of the Bianucci Law Firm in Milan

Resolving conflicts related to denied communications requires a targeted strategy that avoids exacerbating conflict but is firm in protecting rights. As an experienced family lawyer in Milan, lawyer Marco Bianucci's approach is based on a meticulous analysis of the context and accurate collection of evidence. Demonstrating the other parent's obstructionist attitude is indeed the first fundamental step to acting effectively.

The Bianucci Law Firm carefully evaluates each individual case, examining call logs, messages, emails, and any other documentation useful for proving systematically failed contact attempts. Before resorting to legal action, the firm prefers, where possible and strategic, an attempt at out-of-court resolution through formal warnings or invitations to mediation. However, if the harmful behavior persists, lawyer Marco Bianucci promptly intervenes with the most appropriate appeals before the competent judge, requesting the immediate cessation of obstructive conduct and the application of necessary protections for the parent and the minor.

Frequently Asked Questions

What can I use as proof if the other parent prevents me from calling my child?

To demonstrate obstructionism, it is essential to keep all objective traces of contact attempts. You can use screenshots of unanswered calls, phone records showing the phone being switched off or unreachable at agreed times, messages sent to the other parent seeking explanations that remain unanswered, as well as any written communications where repetitive and pretexts excuses are made. From the perspective of a family lawyer, organizing this evidence chronologically and in detail is essential to present an unequivocal picture to the judge.

Can the judge sanction the parent who does not allow video calls?

Yes, the legal system provides specific protective measures. Article 709-ter of the Code of Civil Procedure allows the judge to intervene in cases of serious breaches of duty or acts that harm the minor. The court can admonish the non-compliant parent, order them to pay a pecuniary administrative sanction, order compensation for damages in favor of the other parent or the minor, and, in more serious and repeated cases, consider modifying the custody arrangement.

How long does it take to resolve the problem through legal channels?

The timelines of legal proceedings can vary depending on the court and the complexity of the specific situation. However, as these issues directly affect the psychological well-being and relational development of the minor, judges tend to handle these appeals with due attention. In situations of particular urgency and gravity, it is possible to request interim measures to immediately restore contact, pending a definitive and structured decision on communication methods.

Protect Your Parental Bond

Do not allow time and forced distance to compromise your relationship with your children. The right to maintain a constant and meaningful relationship must be protected firmly and promptly. Contact lawyer Marco Bianucci for an in-depth evaluation of your case and to define together the most suitable legal strategy to restore communications. Schedule an initial consultation at the Bianucci Law Firm in Milan to receive clear, professional assistance focused on the concrete resolution of the problem.