When the relationship between separated parents deteriorates further after a separation or divorce decree, the children and their right to shared parenting are often the first victims. Understanding the frustration and helplessness that come from systematically being denied visitation rights is the first step to addressing the situation with clarity. As a family lawyer in Milan, Avv. Marco Bianucci frequently meets parents who face spurious obstacles or categorical refusals from the other parent, conduct that not only violates court orders but also deeply damages the psychophysical balance of the children involved.

The Legal Framework: From Admonishment to Forced Execution

The Italian legal system provides specific tools to counter the attitude of a parent who obstructs visits. Visitation rights are not merely a faculty but a fundamental duty-right for the child's development. When this is violated, the law offers various protections, graduated according to the severity of the conduct. The primary tool is represented by Article 709 ter of the Code of Civil Procedure, which allows the judge to intervene in cases of serious non-compliance or acts that prejudice the child or hinder the proper implementation of custody arrangements.

The penalties provided can be severe, ranging from admonishment of the non-compliant parent to an order for compensation of damages in favor of the child or the other parent. In more specific cases, to ensure the enforcement of court orders, Article 614 bis of the Code of Civil Procedure can be invoked. This provision allows the judge to set a sum of money owed by the obligated party for each subsequent violation or non-compliance, or for each delay in executing the order. This is a very effective indirect coercion measure, as it affects the obstructing parent's assets, discouraging future obstructive behavior.

In the most extreme cases, where all attempts at mediation or financial penalties fail and there is a total refusal to hand over the child, it is possible to request the forced execution of the court order, which may involve the intervention of Social Services and, in extreme situations, the assistance of law enforcement, always with the utmost caution to protect the child's well-being.

The Approach of Studio Legale Bianucci in Milan

Dealing with an obstructive parent requires a strategy that balances legal firmness with sensitivity towards the child. Avv. Marco Bianucci, an experienced family law attorney in Milan, adopts a pragmatic approach aimed at immediately restoring contact between parent and child. The goal is not to exacerbate conflict but to resolve it effectively using the most appropriate procedural tools for the specific case.

The firm's strategy involves a detailed preliminary analysis to document every single violation of the visitation schedule. Subsequently, the most rapid course of action is evaluated: from an urgent application to obtain an admonishment or a financial penalty, to requesting a modification of custody conditions if the obstruction is such as to prejudice the parental relationship. Avv. Marco Bianucci works to ensure that the client is not just a parent 'claiming a right,' but a central figure in the child's life who is actively protected by the judicial system.

Frequently Asked Questions

What can I do if the other parent invents medical excuses to prevent me from seeing my child?

If the medical excuses are frequent and suspicious, it is crucial to request medical certificates for every absence. If the custodial parent does not provide them or if the certificates appear to be fabricated, legal action can be taken. A family law expert can ask the judge to order tax investigations or, in case of repetition, proceed with an application under Art. 709 ter of the Code of Civil Procedure to sanction the obstructive behavior that deprives the child of the parental figure.

Can I stop paying child support if I am not allowed to see the children?

Absolutely not. Visitation rights and the obligation to pay child support operate on two parallel and distinct tracks. Suspending child support payments as retaliation for denied visitation rights constitutes a civil offense and, often, a criminal one as well. Such behavior would drastically weaken your legal position. Instead, you must take legal action to enforce visitation rights while maintaining impeccable conduct regarding financial obligations.

How long does it take to obtain an order against the obstructive parent?

The timelines vary depending on the workload of the Court of Milan, but procedures concerning minors generally have priority, especially if imminent harm to the child is demonstrated. Through well-structured urgent applications, interlocutory orders, such as admonishments or financial penalties, can be obtained in a relatively short time compared to ordinary proceedings, sometimes within a few months.

Is it possible to claim damages for the days lost with my child?

Yes, the law expressly provides for the possibility of claiming damages. These can be awarded both to the excluded parent, for the suffering endured, and to the child, who is deprived of the relationship with one of the parental figures. Furthermore, it is possible to request the recovery of missed visitation days at a later time.

Protect Your Parental Relationship

If your visitation rights are systematically obstructed, time is a critical factor: every lost day is a day that will not return in your relationship with your children. Do not wait for the situation to resolve itself. Contact Avv. Marco Bianucci for an evaluation of your case at the Milan office located at Via Alberto da Giussano, 26. Together, we will define the best strategy to assert your rights and protect your children's well-being.