Dealing with the end of a relationship is always a delicate moment, but when family crisis is marked by episodes of mistreatment or abuse, the absolute priority becomes the physical and psychological safety of the children. As a family lawyer practicing in Milan, I deeply understand the anguish of a parent who fears for the safety of their children in the presence of a violent ex-partner. Italian law rigorously protects minors, providing specific mechanisms to derogate from the rule of shared custody when this could prejudice their healthy psychophysical development.

When Violence Excludes Joint Parental Responsibility

In our legal system, the cornerstone principle is joint parental responsibility, meaning the child's right to maintain a balanced and continuous relationship with both parents. However, this principle is not absolute. Case law and legislation, including the Istanbul Convention and recent family law reforms, clearly establish that domestic and gender-based violence is incompatible with shared custody. When one parent exhibits violent behavior, whether physical or psychological, towards the other parent or directly towards the children, the fundamental prerequisite for joint child-rearing is lost. In these scenarios, the judge can order sole custody or, in more serious cases, super-exclusive (or reinforced) custody to the protective parent. This measure concentrates the exercise of parental responsibility on one parent, limiting or excluding the other from important decisions concerning the child's life, such as those related to health and education.

The Legal Studio Bianucci's Approach to Child Protection

At Legal Studio Bianucci, located in Milan at via Alberto da Giussano 26, we handle cases of intrafamilial violence with the utmost urgency and sensitivity. The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, focuses on meticulously gathering the necessary evidence to demonstrate the dangerousness of the violent parent. We do not limit ourselves to filing a petition; we build a solid defense strategy based on medical reports, reports to the competent authorities, testimonies, and social service reports. Our goal is to obtain immediate measures, even urgent ones (pursuant to art. 700 of the Italian Code of Civil Procedure or presidential measures), to ensure the safety of minors and the parent who is a victim of abuse. As a family lawyer, Avv. Marco Bianucci works to ensure that the Court recognizes the need to interrupt or protect contact with the abusive parent, requesting, if necessary, meetings in a neutral space or the suspension of visits until safety conditions are restored.

Frequently Asked Questions

Is a report enough to obtain sole custody?

A report alone is an important element, but often not sufficient if isolated. The judge must assess the validity of the accusations and the impact of the behaviors on the child's well-being. It is essential that the family lawyer supports the request with a coherent and detailed body of evidence that attests to the parent's dangerousness for the psychophysical balance of the children.

What is super-exclusive custody?

Super-exclusive, or reinforced, custody is a more stringent form of protection compared to ordinary sole custody. In this case, the custodial parent can independently make all decisions for the child, including those of extraordinary administration (school, health, residence), without having to consult the other parent, who only retains the right and duty of supervision.

Does the violent parent always lose the right to see their children?

Not necessarily permanently. The priority is safety. Often, in an initial phase, the judge may order the suspension of visits or stipulate that they take place exclusively in a 'protected mode,' meaning in the presence of social workers in a neutral space, to monitor the relationship and prevent further trauma to the minor.

What evidence is needed to prove domestic violence?

To support a request for sole custody due to violence, the following are essential: emergency room reports, medical certificates attesting to anxiety or trauma in minors, recordings (if lawful), threatening messages, reports from teachers or social workers, and any criminal complaints already filed (Querela, Codice Rosso).

Request a Case Evaluation

If you fear for your children's safety due to the violent behavior of the other parent, do not wait any longer. Timeliness is crucial to activate the protections provided by law. Contact Avv. Marco Bianucci for an in-depth and confidential evaluation of your situation. Legal Studio Bianucci is ready to assist you with expertise and firmness to ensure a peaceful future for your family.