When a parent engages in behaviors aimed at alienating their child from the other parent, denigrating their figure, or obstructing meetings, we are faced with a situation that can constitute so-called parental alienation. This dynamic not only harms the child's psychophysical balance but also profoundly infringes upon the rights of the excluded parent. As an expert lawyer in family law in Milan, Avv. Marco Bianucci understands the suffering and frustration that arise from seeing the relationship with one's children crumble due to the manipulations of others.

Endo-familial Tort and the Right to Shared Parenting

In the Italian legal landscape, the behavior of a parent who hinders the relationship between a child and the other parent violates the fundamental right to shared parenting. Jurisprudence recognizes that such conduct is not only relevant in separation or divorce proceedings concerning custody but can also constitute a genuine civil tort. In these cases, we speak of an endo-familial tort, meaning a violation of family duties that causes unjustified damage, subject to compensation.

The marginalized parent can therefore take action to obtain compensation for damages, both pecuniary (expenses incurred unnecessarily, costs of fruitless trips to see the child) and, above all, non-pecuniary. Moral and existential damages arising from the deprivation of the parental relationship and inner suffering are compensable when the other parent's harmful conduct is ascertained. It is essential to emphasize that the Court of Cassation has repeatedly reiterated that compliance with judicial orders and cooperation between parents are non-derogable obligations.

The Bianucci Law Firm's Approach to Alienation Cases

Addressing a lawsuit for damages from parental alienation requires a meticulous procedural strategy and a deep understanding of the subject matter. The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, is distinguished by rigorous evidence gathering and attention to the protection of the minor. It is not enough to complain about obstructionism; it must be proven through documentary evidence, testimonies, and, where necessary, by requesting technical expert opinions (CTU) to assess parental capabilities and the child's psychological state.

The Bianucci Law Firm works to build a solid evidentiary framework that highlights the causal link between the denigrating or obstructive conduct of the other parent and the damage suffered by the client. The goal is not only to obtain a sum of money but also to use compensation as a deterrent against further harmful conduct, re-establishing procedural truth and the dignity of the parental role. Each case is handled with the utmost confidentiality and sensitivity, analyzing every detail to maximize the chances of success in court.

Frequently Asked Questions

How is parental alienation proven in court?

Proof of parental alienation is complex and requires accurate documentation. It is essential to keep messages, emails, and (lawful) recordings that attest to the refusal of meetings or denigrating statements. Often, the judge may order a psychological Technical Expert Opinion (CTU) to assess family dynamics and any conditioning of the child by the alienating parent.

What damages can be compensated to the excluded parent?

Compensation can cover both pecuniary damages, i.e., expenses incurred due to obstructionism (travel, extra legal costs), and non-pecuniary damages. The latter includes moral damages for inner suffering and damages to the social life, caused by the violation of the constitutional right to maintain a meaningful relationship with one's child.

Is it necessary to wait for the separation proceedings to conclude to claim damages?

It is not strictly necessary to wait for the conclusion of the separation proceedings, but the two actions are often connected. The claim for damages can be brought within the same family law proceeding or, in some cases, in a separate civil proceeding. The best strategy should be evaluated on a case-by-case basis with an expert family law attorney.

Does the alienating parent also risk criminal consequences?

Yes, in serious cases, the behavior of a parent who prevents the other from seeing the child can constitute the crime of wilful non-compliance with a judicial order (Article 388 of the Italian Criminal Code). However, the civil action for damages proceeds on a parallel track and aims to compensate the injured parent, regardless of the outcome of any criminal proceedings.

Request a Case Evaluation in Milan

If you believe you are a victim of obstructive behaviors that are damaging your relationship with your child, it is crucial to act promptly to protect your rights and the child's well-being. Avv. Marco Bianucci is available to analyze your situation and assess whether the conditions for a compensation claim exist. Contact the Bianucci Law Firm at via Alberto da Giussano, 26 in Milan to schedule an appointment and define the most suitable defense strategy for your needs.