Avv. Marco Bianucci
Avv. Marco Bianucci

Matrimonial Lawyer

Facing a separation or divorce involving child custody is an extremely delicate time. The situation becomes even more complex and frustrating when the other parent decides to obstruct the evaluation process, refusing to participate or to have the minors participate in the meetings arranged by the Technical Office Consultant (CTU). This behavior not only slows down justice but risks causing serious psychological harm to the children involved. As a family lawyer in Milan, lawyer Marco Bianucci deeply understands the distress that arises from these obstructive attitudes and works daily to offer timely legal protection in these delicate circumstances.

The Role of the CTU and the Consequences of Boycotting

In the context of separation and custody proceedings, the Judge often appoints a Technical Office Consultant, usually a child psychologist or psychiatrist, to assess parental capabilities and suggest the most suitable custody arrangement for the well-being of the minors. The meetings scheduled by the expert are fundamental stages of this evaluation process and are mandatory for the parties involved.

When a parent systematically refuses to attend interviews or prevents their children from participating, they are engaging in outright boycotting. Our legal system severely penalizes such conduct. The unjustified refusal to cooperate with the CTU can be assessed by the Judge as a negative factor against the non-compliant parent, potentially influencing the final decision on custody and placement of the minors in a decisive way.

Furthermore, the code of civil procedure provides specific tools to penalize those who obstruct judicial orders in family matters. It is possible to request the admonition of the parent, a fine, or, in more serious cases, compensation for damages in favor of the other parent or the minor themselves, precisely because of the prejudice caused to the serene development of the judicial and family process.

The Bianucci Law Firm's Approach

When faced with a parent obstructing expert operations, it is crucial to act with promptness and strategic firmness. The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses on immediately reporting any anomaly or documented refusal during the CTU to the Judge. This is not simply about reporting a delay, but about demonstrating how such conduct harms the paramount interest of the minor in a swift and serene resolution of the dispute.

The Bianucci Law Firm works closely with its own party-appointed technical consultants (CTP) to constantly monitor the progress of the expert operations. If unjustified absences or obstructive attitudes occur, lawyer Marco Bianucci promptly prepares the necessary requests to ask the Court to intervene, urging the adoption of the sanctions and coercive measures provided by law. The primary objective always remains to restore the regularity of the proceedings to ensure a fair and fully protective decision for the children.

Frequently Asked Questions

What happens if my ex does not show up for meetings with the CTU?

The unjustified absence is recorded by the CTU and reported to the Judge. This behavior is viewed negatively and can lead to immediate sanctions, as well as heavily impacting the final decision regarding child custody, demonstrating a poor capacity for parental collaboration and disinterest in the evaluation process.

How can I prove that the other parent is boycotting the expert evaluation?

The role of your party-appointed technical consultant (CTP) and your lawyer is essential. Every absence, delay, or refusal must be formally recorded during the expert operations. It will then be the lawyer's duty to file a request with the Judge, attaching the CTU's minutes that objectively certify the obstructive attitude.

Can the judge change custody if a parent obstructs the CTU?

Yes, the Judge has the power to modify the provisional custody arrangements. Severely hostile and uncooperative behavior during the CTU indicates parental unsuitability that can justify even a shift to sole custody with the other parent, should the magistrate deem it in the child's best interest by protecting them from harmful conduct.

How much does it cost to take legal action to penalize these behaviors?

The costs of legal action depend on multiple factors specific to each case, such as the stage of the main proceedings, the need for further hearings, and the complexity of the requests to be filed. During the initial consultation at the office, lawyer Marco Bianucci will analyze the situation in detail to provide a clear, transparent, and personalized overview of the financial commitment required to protect your rights.

Face the Legal Journey with the Right Support

Do not allow obstructive attitudes to compromise your children's future and the outcome of the legal proceedings. If you are experiencing difficulties and obstruction during expert operations, it is crucial to intervene legally in a timely and documented manner. Contact lawyer Marco Bianucci at the Milan office, Via Alberto da Giussano, 26, to book an initial consultation. Together, we will evaluate the most effective strategy to have illegitimate conduct penalized and to bring the real well-being of the minors back to the center of the process.