The Importance of Children's Psychological Well-being in Family Crisis

Addressing a child's emotional suffering is one of the most complex challenges for a parent, especially in the context of separation or divorce. When a minor shows distress, the decision to undertake psychological support becomes crucial for their development and peace of mind. However, in situations of parental conflict, this choice can turn into a legal battleground. As an expert family law attorney in Milan, Avv. Marco Bianucci deeply understands the delicate dynamics between protecting the child's health and the parents' rights and duties. The lawyer's role in these circumstances is not only to interpret the law but to facilitate solutions that concretely and not rhetorically place the child's best interests at the center.

The issue of consent to a minor's psychotherapy is often debated in courtrooms and law offices. Many parents wonder if they can take their child to a psychologist without the other parent's authorization, or how to proceed if the ex-spouse strongly opposes the treatment. Italian law is clear in defining the rules of parental responsibility, but their practical application requires careful analysis of each individual case. At the Bianucci Law Firm, located at via Alberto da Giussano 26 in Milan, each situation is examined with the utmost attention, evaluating both legal aspects and emotional implications, to ensure that the child's treatment path is not hindered by conflictual dynamics between adults.

The Regulatory Framework: Parental Responsibility and Decisions of Major Interest

The Italian Civil Code, in Article 337-ter, states that parental responsibility must be exercised by mutual agreement between both parents, taking into account the children's abilities, natural inclinations, and aspirations. In particular, decisions of major interest for the children concerning education, upbringing, and health must be made by mutual agreement. Psychotherapy undoubtedly falls among decisions of major interest for the minor's health. It is not, in fact, an act of ordinary administration or routine, but a health intervention that profoundly affects the child's or adolescent's personal sphere and development.

Consequently, the general rule is that to initiate a psychotherapeutic path for a minor, the consent of both parents is required, regardless of the custody arrangement (which in most cases is shared). A parent cannot unilaterally decide to subject their child to therapy, nor choose the professional without consulting the other. If a parent acts autonomously, excluding the other from this fundamental decision, they risk violating the rules on the exercise of parental responsibility, with possible legal consequences that can, in the most serious cases, lead to a review of custody conditions. However, there are exceptions and specific procedures to follow if consent is lacking but the intervention is urgent or indispensable for the child's well-being.

Disagreement Between Parents: How to Overcome the Impasse

Unfortunately, it frequently happens that, when a psychological path for a child is proposed, one of the parents denies consent. The reasons can be varied: from denial of the problem, to the fear that the therapist might be influenced by the other parent, to mere financial issues. When dialogue breaks down and an agreement cannot be reached, the law provides for the intervention of the judicial authority. As an expert family law attorney, Avv. Marco Bianucci assists his clients in preparing the application to the Guardian Judge or the competent Court, so that the judge can resolve the dispute.

The judge, after assessing the child's best interests, can authorize psychotherapy even in the absence of one parent's consent, if they deem such a path necessary for the child's psychophysical health. Often, the Court avails itself of the assistance of Social Services or orders a Technical Consultancy of the Office (CTU) to ascertain the minor's real state of need. It is crucial to understand that unjustified refusal of necessary care for a child can be negatively assessed by the judge regarding parental capacity. The objective of legal action, in these cases, is not