Protection of the Minor

Facing a situation that calls into question one's parental fitness is one of the most difficult and painful trials a person can experience. When a parent's behavior risks compromising a child's psychophysical well-being, the Italian legal system provides intervention tools to protect the minor, which can culminate in the suspension or, in more serious cases, the forfeiture of parental responsibility. Understanding the nature of these measures is fundamental for anyone involved in complex family dynamics. As an experienced family law attorney in Milan, lawyer Marco Bianucci addresses these delicate issues with the primary goal of safeguarding the balance and future of the minors involved, providing clear and strategic legal assistance.

Parental Responsibility in the Legal Context

Parental responsibility, governed by Article 316 of the Civil Code, represents the set of rights and duties that both parents have towards their children. It is not an absolute power, but a function to be exercised in the exclusive interest of the minor. This includes the duty to maintain, educate, and morally assist children, respecting their abilities, natural inclinations, and aspirations. The guiding principle is the 'best interest of the child,' meaning the supremacy of the minor's interest over any other consideration. When one or both parents violate these duties or engage in harmful conduct, the Juvenile Court has the power to intervene with restrictive measures.

Suspension of Parental Responsibility: Art. 333 c.c.

Suspension is a less drastic measure than forfeiture, adopted when the parent's conduct, while harmful to the child, is not so severe as to justify a definitive removal measure. This can occur in cases of temporary parental incapacity to care for the child, for example, due to health problems, addictions undergoing treatment, or high conflict with the other parent that negatively affects the minor. With suspension, the judge may temporarily remove the child or the parent from the family residence and set specific conditions. The goal is not punitive, but corrective: to give the parent the opportunity to overcome their difficulties in order to re-establish a healthy relationship with their child.

Forfeiture of Parental Responsibility: Art. 330 c.c.

Forfeiture is the most severe measure and is pronounced when a parent violates or neglects the duties inherent in parental responsibility or abuses their powers, causing serious harm to the child. Situations that can lead to forfeiture include physical or psychological abuse, witnessed violence, severe neglect, material or moral abandonment, or the imposition of a lifestyle that compromises the minor's development. Forfeiture results in the loss of all decision-making powers concerning the child, such as those relating to education, health, and residence. It is important to note that forfeiture does not extinguish financial obligations, such as the duty to contribute to maintenance.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an attorney with extensive experience in family law in Milan, is based on a rigorous and personalized analysis of each individual case. In such delicate proceedings, the strategy cannot be standardized. The Bianucci Law Firm is committed to reconstructing the family situation in detail, utilizing, if necessary, the support of technical consultants, to present a complete and truthful picture to the judge. The objective is twofold: on the one hand, to ensure the utmost protection of the child's best interests; on the other, to defend the rights of the assisted parent, seeking, where possible, solutions that promote the recovery of parental skills and the rebuilding of a healthy family bond, provided that this does not conflict with the child's well-being.

Frequently Asked Questions

Who can report a parent to the juvenile court?

The report can be made by various individuals. The other parent, the minor's close relatives, the Public Prosecutor's Office, but also social services, teachers, or doctors who, in the exercise of their duties, become aware of a situation of potential harm to the child. Even an ordinary citizen can report serious facts to the competent authorities.

What happens after a report to social services?

Following a report, social services initiate an investigation to verify the validity of the facts. This phase includes interviews with the parents, with the minor (if age-appropriate), and with other reference persons such as teachers or relatives. If social services identify a risk situation, they draw up a report that is sent to the Juvenile Court, which will open proceedings to adopt the most appropriate measures.

Is forfeiture of parental responsibility permanent?

Not necessarily. The law provides for the possibility of reintegration into parental responsibility (Art. 332 c.c.) if the reasons that led to forfeiture have ceased and all danger of harm to the child is excluded. The parent must demonstrate that they have overcome the problems that caused the measure and have recovered their parental skills, by submitting a request to the competent court.

Does a parent subject to forfeiture still have to pay child support?

Yes, absolutely. Forfeiture of parental responsibility affects decision-making rights and powers, but does not eliminate financial obligations. The parent who has undergone the forfeiture measure remains legally obliged to contribute to the child's financial support, as determined by the judge.

Protection of the Minor and Legal Assistance in Milan

Understanding the difference between suspension and forfeiture and their respective consequences is the first step in consciously addressing such a delicate proceeding. Whether it is to defend one's position as a parent or to act to protect a minor from a harmful situation, legal assistance is crucial. If you are facing an issue related to parental responsibility, you can contact the Bianucci Law Firm in Milan. Lawyer Marco Bianucci offers consultation and assistance to analyze your specific situation and define the most appropriate strategy to protect your rights and, above all, the well-being of the minors involved.