Dealing with separation is already a delicate path in itself, but the situation becomes particularly painful when one parent uses stratagems to hinder the other's relationship with the children. One of the most frequent and frustrating dynamics is the use of spurious medical certificates to justify the failure to hand over the children on the days established by the judge. As an expert lawyer in family law in Milan, lawyer Marco Bianucci deeply understands the anguish that arises from being denied one's right to parent through seemingly unassailable, but actually unfounded, excuses.

The Regulatory Framework: The Right to Dual Parentage

The Italian legal system rigorously protects the principle of dual parentage, meaning the child's right to maintain a balanced and continuous relationship with both parents, even after separation or divorce. The visitation schedule established by the Court is not a mere suggestion, but a binding order. If a parent repeatedly cites the child's health reasons, presenting medical certificates to prevent meetings, they are in fact violating this order. Although the child's health is paramount, the instrumental use of illness to alienate the other parent constitutes a serious breach of parental duties, punishable civilly and, in extreme cases, even criminally under Article 388 of the Penal Code for wilful non-compliance with a judge's order.

It is crucial to distinguish between a genuine indisposition of the child, which requires care and rest, and systematic obstruction. When medical certificates become a weapon to deny visits, legal intervention is necessary to restore the proper functioning of the schedule and protect the psychological well-being of the child, who has the right to see the non-custodial parent.

The Bianucci Law Firm's Approach

Addressing these situations requires great sensitivity, but also extreme firmness. The approach of lawyer Marco Bianucci, as a family lawyer in Milan, focuses first and foremost on careful evidentiary analysis. It is not enough to suspect that the certificates are false or compliant; it is necessary to gather concrete evidence demonstrating the spurious and systematic nature of the ex-partner's behavior. The Bianucci Law Firm evaluates each document, the frequency of alleged illnesses coinciding with visitation days, and, where necessary, collaborates with expert consultants to challenge the veracity or severity of the certified conditions.

The strategy aims to bring the matter back before the competent Judge, requesting a warning for the non-compliant parent, a modification of custody conditions, or, in more serious cases, compensation for damages due to the violation of the right to parent. Lawyer Marco Bianucci works alongside the client to build a solid case, always prioritizing solutions that protect the serenity and balance of the child involved, without ever failing to assert with determination the rights of the parent being obstructed.

Frequently Asked Questions

What can I do if my ex always uses medical certificates to prevent me from seeing my children?

If the behavior is repeated and you suspect it is spurious, it is essential to document every episode. Keep communications, the certificates sent, and the dates of missed visits. With the assistance of a lawyer experienced in family law, it is possible to file a petition with the Court to report the non-compliance and request appropriate measures to ensure the schedule is respected.

Is a pediatrician's medical certificate always unassailable?

No, a medical certificate is not an absolute and incontestable truth. If there are valid reasons to believe it was issued carelessly or based on untrue statements from the accompanying parent, its content can be challenged in court, for example, by demonstrating that the child was regularly engaged in other activities on the days of alleged illness.

Can I request to make up for lost visitation days?

Yes, it is a sacred right. The parent who has been denied visits, even for genuine child health reasons, has the right to recover the lost time. If the other parent refuses to agree to make-up visits, it is possible to approach the Court to obtain precise and binding regulations on the matter.

Protect Your Right as a Parent

Having your relationship with your children systematically obstructed through spurious excuses and medical certificates is an unacceptable situation that requires targeted legal intervention. If you find yourself in this difficult position, do not resign yourself to losing precious time with your children. Contact lawyer Marco Bianucci for a careful evaluation of your situation. Through an in-depth consultation at the Bianucci Law Firm in Milan, you can understand what legal tools are available to enforce court orders and protect your invaluable role as a parent.