The Challenge of Digital Parenting During Separation

Separation or divorce represents a moment of profound transformation for any family. In the digital age, an increasing concern is added to these complexities: how to protect the online image and reputation of one's children? Exposure on social networks, if not managed carefully, can turn into a source of stress and discomfort for minors, involuntarily involved in parental conflicts. As a family lawyer in Milan, lawyer Marco Bianucci assists parents in defining a path that prioritizes the well-being and serenity of children, even in the digital world.

The Regulatory Framework: Right to Image and Parental Responsibility

Italian law rigorously protects the right to image and the privacy of minors, considering them fundamental personal rights. Article 10 of the Civil Code and privacy regulations (GDPR) establish that the publication of another person's image is lawful only with the consent of the interested party. For minors, this consent must be given by both parents, by virtue of shared parental responsibility. Even in cases of sole custody, decisions of 'major interest' for the children, such as those relating to their media exposure, require the agreement of both spouses.

Jurisprudence has repeatedly reiterated that the superior interest of the minor prevails over any parental right to share moments of private life online. Publishing photos or videos of children without the consent of the other parent, or worse, using their image to fuel conflict, can constitute an unlawful act and lead to legal consequences, such as a warning from the judge, an order to remove content, and, in more serious cases, a claim for damages.

'Sharenting' and Online Conflict: Risks to Avoid

'Sharenting' is the term used to describe the often-unconscious practice of excessively sharing information, photos, and videos concerning one's children online. During a separation, this habit can become particularly harmful. Publishing images of the minor in contexts of lavish holidays or expensive gifts can be interpreted as an attempt to alienate the other parent or influence court economic decisions. Similarly, negative comments, allusive posts, or direct criticism of the ex-partner on social media create a climate of hostility that primarily harms the children, exposing them to a conflict of loyalty and undermining their emotional stability.

It is essential to understand that any content published online leaves a permanent digital footprint. The image that is built of the minor today will accompany them throughout their lives, with potential repercussions on their social relationships and future professional opportunities. Protecting their digital identity is a primary responsibility of both parents.

The Bianucci Law Firm's Approach to Protecting Minors

The approach of lawyer Marco Bianucci, a family lawyer with extensive experience in Milan, is pragmatic and prevention-oriented. The goal is not to demonize social media, but to provide parents with the legal tools to manage it consciously and cooperatively. Instead of waiting for a conflict to arise, the firm promotes the definition of an understanding on the use of social media, to be directly included in separation or divorce agreements. This document can clearly regulate aspects such as the frequency of publication, the type of content allowed, privacy settings, and the obligation of mutual consent.

If a conflict is already ongoing, lawyer Marco Bianucci intervenes to immediately protect the minor, requesting urgent measures from the court, if necessary, for the removal of harmful content and the prohibition of future publications. The strategy is always personalized, based on a careful analysis of the specific case, and aimed at restoring a serene and safe digital environment for the children, in full respect of their right to privacy and co-parenting.

Frequently Asked Questions

Can I post photos of my children on social media without the other parent's consent?

No, as a rule, the consent of both parents is required, even after separation or divorce. Shared parental responsibility requires that decisions of major interest for the children, including the management of their online image, be made by mutual agreement. Unilateral publication may be considered an unlawful act.

What should I do if my ex-partner uses social media to denigrate me in front of our children?

This is a very serious behavior that can harm the parental figure and the psychological well-being of the minor. It is crucial not to respond in kind, but to gather evidence (screenshots of posts and comments) and contact a lawyer. Legal action can be taken to request the cessation of such conduct and, in some cases, compensation for moral damages suffered.

Is there a legal agreement to manage children's online image?

Yes. It is highly advisable to draft a 'social media protocol' or 'media plan' to be attached to separation or divorce agreements. This document, prepared with legal assistance, establishes clear and shared rules for managing children's digital image, preventing future conflicts and ensuring a consistent approach from both parents.

Can a judge impose rules on social media use for parents?

Absolutely yes. If parents cannot reach an agreement and one parent's behavior is detrimental to the minor, the judge can intervene. They can order the removal of specific content, prohibit the publication of children's images, and even warn the non-compliant parent, with consequences that can also affect decisions regarding custody.

Request a Consultation for Your Case

Managing children's digital image is a crucial aspect of parental responsibility in the modern era. If you are going through a separation and wish to define clear rules to protect your children, or if you are concerned about your ex-partner's online behavior, it is essential to act with awareness and strategy. Lawyer Marco Bianucci offers legal advice in Milan to address these delicate issues. Contact the firm for an in-depth assessment of your case and to identify the most effective solutions to protect your children.