Disagreement on Educational Choices: How to Act

The end of a relationship does not end parental responsibilities, but it can complicate fundamental decisions for the children's future, such as the choice of schooling or religious education. Disagreeing on these issues generates anxiety and uncertainty, as one feels the minor's well-being is at stake. Understanding the legal framework and possible solutions is the first step to calmly facing the situation. As a family lawyer in Milan, Avv. Marco Bianucci assists parents in managing these delicate disputes, with the primary goal of protecting the child's best interests.

Joint Custody and Major Decisions

In Italy, the cornerstone principle governing the relationship between parents and children after separation is joint custody. This means that both parents retain parental responsibility and have the duty to participate equally in the most important decisions for the minor's life. The law distinguishes between ordinary administrative decisions, which can be made by the individual parent during their time with the child, and decisions of major interest. The latter, which include the choice of school, educational path, relevant health matters, and religious education, absolutely require the consent of both parents.

What happens in case of an irreconcilable disagreement?

When dialogue breaks down and parents cannot find common ground on a matter of major interest, neither parent can impose their will. The only viable path to overcome the stalemate is to go to the competent Court. A judge will make the decision after hearing the reasons of both parents and, if deemed appropriate and in the minor's best interest, the child themselves (generally if they are over twelve years old). The judge's guiding criterion will not be to side with one parent, but exclusively to adopt the solution that best serves the child's best interests, evaluating every aspect of the specific case.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, focuses primarily on seeking a consensual solution. The judicial route, in fact, should be the last resort. Therefore, the first phase of his intervention is aimed at exploring every possibility of mediation to reach a written agreement that satisfies both parties and, above all, ensures the child's well-being. Should litigation be unavoidable, the Bianucci Law Firm provides comprehensive legal assistance, preparing a solid and well-argued petition, based on concrete evidence demonstrating to the judge why a particular educational choice is the most beneficial for the minor's growth and psychophysical well-being.

Frequently Asked Questions

What is meant by major decisions for children?

These are all decisions that have a significant and lasting impact on the child's life, growth, and education. This category includes the choice of school (public or private, secular or religious orientation), adherence to a religious creed and participation in its rites, important medical decisions (non-urgent surgeries, long-term therapies), and the choice of the minor's habitual residence.

Can the judge impose a specific school or religion?

The judge does not impose their personal view but decides which, among the options proposed by the parents, is most appropriate for the child's well-being. For example, in choosing a school, they will consider educational continuity, proximity to home, and the educational offerings in relation to the child's inclinations. Regarding religion, they will tend to preserve the child's established habits, unless there are valid reasons for a change.

What does the judge consider when deciding on children's education?

The judge conducts a comprehensive analysis of the family situation. They evaluate the educational capabilities of both parents, the child's inclinations and aspirations, their life path up to that point, and the impact that each possible choice would have on their balance. They consider factors such as the coherence of the educational project, its sustainability, and the ability to ensure the child a serene and stimulating growth environment.

Is it possible to modify an existing agreement on education?

Yes, separation or divorce conditions, including educational agreements, can be modified. If the child's needs change or significant new circumstances arise, it is possible to request a revision of the agreements, either through a new pact between the parents or, in case of disagreement, by petitioning the Court.

Contact the Firm for an Assessment of Your Case

Addressing conflict over educational choices for one's children requires legal expertise and sensitivity. If you find yourself in this difficult situation, contacting an experienced family lawyer is the first step to protecting your rights and, above all, your child's future. Contact Avv. Marco Bianucci at the Milan office, located at Via Alberto da Giussano 26, to receive targeted legal advice and define the most effective strategy to resolve the dispute.