Disagreement on School Choice

The choice of a child's educational path is one of the most significant decisions a parent can make, with profound implications for their future. When parents disagree on the institution, the course of study, or the preference between public and private school, a complex and tense conflict can arise. This situation, particularly common in contexts of separation or divorce, requires a clear-headed approach focused solely on the child's well-being. Understanding the legal steps and possible solutions is crucial to overcoming the impasse and ensuring the child has the best educational opportunity. In these circumstances, the support of a family lawyer can prove decisive in navigating procedures and mediating a constructive solution.

Parental Responsibility and Decisions of Major Interest

Italian law, particularly Article 337-ter of the Civil Code, establishes the principle of shared parental responsibility. This means that decisions of 'major interest' for children, which fully include the choice of educational, schooling, and training paths, must be made by mutual agreement of both parents. This obligation persists regardless of whether the parents are married, cohabiting, separated, or divorced. The law emphasizes parental collaboration as the primary tool for protecting the child's serenity and balanced development.

Procedures for Conflict Resolution

When dialogue between parents breaks down and an agreement on schooling cannot be reached, the law provides a specific path to overcome the stalemate. The first desirable step is always to attempt mediation, an out-of-court process aimed at reopening communication and finding common ground. If this attempt fails or is not feasible, it is necessary to turn to the Court. Each parent can file an application, asking the judge to intervene to resolve the dispute. The judge, after hearing both parents and, if appropriate, the child who is twelve years or older (or younger if capable of discernment), will make a decision. The judge's guiding criterion will not be the preference of one parent over the other, but solely the assessment of which choice best serves the superior and preeminent interest of the child, taking into account their abilities, natural inclinations, and aspirations.

The Approach of Studio Legale Bianucci

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on finding concrete solutions that always prioritize the child's psycho-physical well-being. In case of disagreement on school choice, the firm's strategy initially involves exploring every possible avenue for an amicable resolution of the dispute, also suggesting family mediation paths. When recourse to the Court becomes unavoidable, lawyer Marco Bianucci and his Milan office work to build a solid argument, based on objective elements that demonstrate which school option is most beneficial for the child. This includes analyzing the educational plans of the institutions, considering educational continuity, family logistics, and, above all, the child's aptitudes and aspirations, in order to provide the judge with all the elements for a considered and fair decision.

Frequently Asked Questions

What happens if one parent enrolls the child in a school without the other's consent?

Unilateral enrollment, without the consent of the other parent, is an act that violates the principle of shared responsibility. The parent who did not give consent can turn to the Court to assert their rights. The judge will assess the situation and may confirm or revoke the enrollment, making the decision deemed most appropriate for the child's interest, regardless of the act already performed.

Can the judge impose the choice of a private school?

Yes, the judge can decide that the child should attend a private school even if one of the parents is against it. However, this decision must be carefully motivated by the child's exclusive interest and the economic sustainability of the choice. The judge will assess whether the program offered by the private school is objectively more advantageous for the child's inclinations and needs and whether the parents have the financial capacity to cover the costs.

How long does it take for a court decision on school choice?

The timing can vary depending on the workload of the competent Court. However, proceedings concerning minors are generally urgent and are treated with priority. The goal is to obtain a decision in time for the start of the school year, but it is advisable to act well in advance to avoid uncertainty for the child.

Is the child's opinion on the school taken into consideration?

Absolutely. The child's hearing is a central element in these proceedings. If the child is 12 years or older, their hearing by the judge is standard procedure. Even for younger children, if they are deemed capable of discernment, their opinion and aspirations are taken very seriously by the judge as one of the key factors for the final decision.

Contact for Case Evaluation

If you are facing a disagreement over your child's school choice and wish to understand your rights and possible solutions, you can request a consultation. By contacting Studio Legale Bianucci in Milan, at Via Alberto da Giussano 26, you can present your case to lawyer Marco Bianucci, a family lawyer, to receive targeted legal advice and define the most effective strategy to protect your child's best interests.