When Communication with Children is Hindered

Having one's right to maintain a continuous relationship with children after separation or divorce hindered is one of the most frustrating and painful experiences for a parent. Denied phone calls, missed visits, or important decisions made unilaterally not only violate court orders but, above all, harm the child's fundamental right to dual-parenting. Understanding the legal tools available is the first step to protecting this bond. As an experienced family law attorney in Milan, Avv. Marco Bianucci addresses these delicate situations with the primary goal of restoring constructive dialogue and, where necessary, asserting the rights of the parent and child in the appropriate forums.

The Principle of Dual-Parenting in Italian Law

The key concept governing the relationship between separated parents and children is the principle of dual-parenting. This is the child's right to maintain a stable and balanced relationship with both parents, even after their union ends. This right belongs not to the parent, but to the child. Any behavior that prevents or makes it difficult to exercise this right is considered a violation. Obstructionist conduct can manifest in various ways: from systematically refusing to let the child speak on the phone, to denigrating the other parental figure, to disrespecting the visitation schedule established by the court.

Protection Tools: From Formal Notice to Legal Action

When dialogue is insufficient to resolve the ex-spouse's non-compliance, the Italian legal system provides specific tools to protect the parent-child relationship. Legal action should not be seen as an act of war, but as the necessary means to reassert a fundamental right of the child.

Out-of-Court Formal Notice

The first step is usually sending a formal notice letter drafted by a lawyer. This formal act has a dual purpose: on one hand, it puts the other parent in default, ordering them to immediately cease the harmful conduct and adhere to existing orders; on the other hand, it constitutes formal proof of attempts at amicable resolution, which will be useful in any subsequent judicial phase.

Application to the Court Pursuant to Art. 709-ter c.p.c.

If the formal notice is ineffective, the most effective tool is an application to the court pursuant to Article 709-ter of the Code of Civil Procedure. This rule allows the parent whose right has been violated to approach the judge to request the adoption of urgent measures. Following the application, the judge may: admonish the non-compliant parent, order compensation for damages in favor of the child or the other parent, and order the responsible parent to pay a pecuniary penalty. In more serious cases, it may also modify the provisions concerning child custody.

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, a lawyer with extensive experience in family law in Milan, is always strategic and personalized, with the child's best interest at its core. It begins with an in-depth analysis of the situation to define the most appropriate strategy. Where possible, efforts are made to resolve the conflict through out-of-court intervention to quickly restore the correct application of separation or divorce conditions. However, when faced with persistent obstructionist conduct, the firm does not hesitate to firmly pursue legal action, using all the tools provided by law to ensure the effective protection of the right to dual-parenting.

Frequently Asked Questions

What exactly is meant by obstructionist conduct by a parent?

Obstructionist conduct refers to any behavior, active or passive, that hinders or prevents the smooth running of the relationship between a child and the other parent. It includes non-compliance with visitation times, refusal to allow the child to communicate by phone, systematic denigration of the ex-partner in front of the minor, or making important decisions about the child's life without consulting the other parent.

What are the concrete sanctions provided for by Art. 709-ter c.p.c.?

Sanctions are graduated based on the severity of the conduct. It starts with a formal admonition by the judge. This can then lead to an order for damages, both towards the child and the excluded parent. Finally, the judge can impose an administrative pecuniary penalty, the amount of which is paid to the 'Cassa delle ammende' (a fund for criminal sanctions), and can range from a minimum of 75 euros to a maximum of 5,000 euros.

Is it always necessary to go to court to solve the problem?

Not always. The first recommended step is to send a formal notice through a lawyer. This intervention is often sufficient to clarify the seriousness of the situation and induce the non-compliant parent to change their behavior. Court action becomes necessary only when out-of-court attempts have been unsuccessful.

Can my ex prevent me from talking to my child on the phone?

No, unless there is a specific court order prohibiting it for serious reasons. The child's right to maintain regular contact with both parents also includes telephone or video calls. Systematically preventing these communications is a form of non-compliance and can be sanctioned.

Contact the Firm for an Assessment of Your Case

If you are experiencing difficulties in maintaining a peaceful and constant relationship with your children due to obstructionist behavior from your ex-partner, it is crucial to act promptly and with awareness. Avv. Marco Bianucci and the Bianucci Law Firm, located in Milan at Via Alberto da Giussano, 26, offer legal advice and assistance to analyze your situation and identify the most effective strategy to protect your rights and, above all, your children's well-being. Contact the firm to request an in-depth assessment of your case.