Children's Well-being at the Center of Marital Crisis

Facing a separation is a delicate moment for the entire family unit, but it is often the children who are most affected by the change. As an expert lawyer in family law in Milan, Avv. Marco Bianucci deeply understands the concern of a parent who sees their child in difficulty and wishes to offer them adequate psychological support. However, it is not uncommon for this desire to clash with the opposition of the other parent, creating a stalemate that risks harming the minor. Understanding how to proceed legally is crucial to unblock the situation and ensure your children have the necessary tools to process the trauma of separation.

The Regulatory Framework: Parental Responsibility and Child's Health

According to the Italian legal system, the decision to subject a minor child to psychotherapy falls under the so-called decisions of major interest for the child's life (Art. 337-ter of the Civil Code). Unlike matters of ordinary administration, which can be managed separately, choices concerning health, education, and upbringing strictly require the consent of both parents, even in cases of separation or divorce. If one parent initiates a therapeutic path for the child without the knowledge or against the will of the other, the healthcare professional may not be able to proceed, and the dissenting parent may request the interruption of the treatment.

The Role of the Guardianship Judge in Case of Disagreement

When dialogue between parents fails and the ex-partner's refusal appears unjustified or detrimental to the child's well-being, the law provides a specific protective measure. It is possible to appeal to the Court, and specifically to the Guardianship Judge, to resolve the conflict. The magistrate, assessing the preeminent interest of the minor, has the power to authorize the psychological path even in the absence of consent from one of the parents, effectively substituting the missing will.

The Approach of the Bianucci Law Firm in Milan

Avv. Marco Bianucci, an expert lawyer in family law, handles these delicate cases with a strategy that prioritizes mediation as a first step. The primary objective is to try to make the other parent understand, through formal and structured communications, the importance of the requested support. Often, the intervention of a lawyer who clearly explains the risks of an unfounded refusal is sufficient to unblock the situation without resorting to the judge.

Should the out-of-court approach not yield the desired results, the Bianucci Law Firm is ready to assist the client in the contentious phase before the Court of Milan. The preparation of the appeal is handled with the utmost care, highlighting the objective needs of the minor, possibly supported by school reports or preliminary opinions, to demonstrate to the Judge that the therapeutic path is essential for the child's serene growth. The experience gained by Avv. Marco Bianucci allows for navigating these procedures with the necessary sensitivity and firmness, focusing exclusively on the protection of the youngest.

Frequently Asked Questions

Is the consent of both parents always necessary for a psychologist?

Yes, as this is a decision of major interest for the child's health, the consent of both parents is mandatory, unless there is a court order to the contrary or one parent's parental responsibility is limited.

What happens if I take my child to the psychologist without my ex's consent?

The excluded parent could warn the psychologist to cease treatment and appeal to the judge to request the interruption of therapy, as well as contest the violation of shared custody rules. It is always advisable to seek an agreement or prior judicial authorization.

How long does it take to obtain court authorization in Milan?

Timelines can vary based on the Court's workload, but proceedings concerning the health and well-being of minors are treated with a certain urgency. Avv. Marco Bianucci works to ensure that the request is submitted with all necessary urgency requirements.

Can the school psychologist see my child without consent?

Generally, parental consent is required for access to the school's listening service. However, in situations of severe distress or risk, the school may activate specific protocols in agreement with social services, but for actual therapy, parental or judicial authorization is always needed.

Request an Evaluation of Your Case

If your ex-spouse or partner opposes psychological support for your children and you fear this could compromise their balance, do not wait any longer. Contact the Bianucci Law Firm to examine your specific situation. Avv. Marco Bianucci will welcome you at the Milan office at Via Alberto da Giussano, 26, to define the most effective strategy for protecting your children.