Child Protection in Separation

Facing separation or divorce is a complex journey, fraught with emotional and practical implications. When children are involved, the absolute priority becomes ensuring their stability, serenity, and emotional continuity. In this scenario, the parental plan emerges as a legal tool of fundamental importance, designed to clearly and jointly define all aspects of the minors' lives. Drafting a comprehensive and forward-thinking agreement is the first step to preventing future conflicts and ensuring the children's well-being. As a family lawyer in Milan, lawyer Marco Bianucci assists parents in building a parental plan that is a true shared educational project, based on dialogue and the exclusive interest of the minors.

What is the Parental Plan and Why is it Essential

Formally introduced by the Cartabia Reform, the parental plan is a detailed document that parents are required to submit to the judge in separation, divorce, or custody regulation proceedings. It is not a simple visitation schedule, but a programmatic agreement that outlines the children's daily commitments and activities. Its purpose is twofold: on the one hand, to hold both parents accountable for actively cooperating; on the other hand, to provide the judge with a complete picture of the minors' habits and needs, allowing them to adopt measures more closely aligned with the family reality. A well-structured plan is the basis for a truly functional joint custody, where the most important decisions are made by mutual agreement.

Key Elements of an Effective Parental Plan

A parental plan cannot be a standard template but must be tailored to the specific needs of each family unit. However, there are elements that cannot be missing to ensure its completeness and applicability.

Placement, Visitation Times, and Holidays

This section defines the children's habitual residence (primary placement) and precisely regulates the time spent with each parent. It is essential to detail not only the days of the week and weekends but also the management of holidays (Christmas, Easter), children's and parents' birthdays, and summer and winter vacation periods. Clear planning prevents future uncertainties and disputes.

Educational, School, and Recreational Choices

The plan must indicate the children's educational path, including the choice of institution and how to participate in school life (such as parent-teacher meetings and gatherings). Extracurricular, sports, cultural, or recreational activities must also be agreed upon, establishing how decisions will be made regarding new enrollments or changes.

Financial Management: Maintenance and Extraordinary Expenses

In addition to periodic maintenance payments, it is crucial to precisely define the division of extraordinary expenses. These are usually divided into medical, educational, sports, and recreational expenses. It is good practice to attach a detailed list to the plan, specifying which expenses require prior agreement from both parents and which, in case of urgency, can be advanced by one parent with subsequent reimbursement. This clarity is fundamental to avoiding the most common conflicts.

Health and Medical Decisions

The document must clarify how issues related to the children's health will be managed. This includes the choice of pediatrician or primary care physician, decisions on any specialist treatments, vaccinations, or therapeutic paths, ensuring that both parents are always informed and involved in important choices.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on the conviction that a good parental plan arises from listening and mediation, not imposition. The goal is not simply to fill out a document but to guide parents in finding common ground that focuses exclusively on the best interests of the child. The Bianucci Law Firm promotes a collaborative working method, helping parties anticipate potential future critical issues and include flexible clauses in the plan that can adapt to the children's growth and changing family needs. The strategy is to build a solid and sustainable agreement over time, which can become a reliable guide for both parents.

Frequently Asked Questions

Is the parental plan legally mandatory?

Yes, with the Cartabia Reform (art. 473-bis.12 c.p.c.), the submission of a parental plan has become a mandatory requirement in proceedings concerning minors. Its omission or incomplete drafting can be negatively assessed by the judge when making decisions on custody and parental responsibility.

What happens if a parent does not respect the parental plan?

Failure to comply with the agreements contained in the parental plan constitutes a breach of duty. The aggrieved parent can turn to the court, which may issue sanctions against the non-compliant parent. These may include a warning, a monetary penalty, or, in more serious cases, a modification of the custody arrangements.

Is it possible to modify the parental plan in the future?

Certainly. The parental plan is not immutable. It can and must be modified if the children's needs (related to age, school, health) or the parents' living conditions change. The modification can be made through a new agreement between the parties, which must then be submitted for court approval, or, in case of disagreement, through a judicial appeal.

How are extraordinary expenses divided in detail?

Generally, extraordinary expenses are divided 50/50 between the parents, unless otherwise agreed or ordered by the judge based on income disparity. It is essential to distinguish between those that require the consent of both (e.g., enrollment in a private school) and those that do not (e.g., purchase of a prescribed medication). Attaching a detailed protocol to the plan is the best solution to avoid doubts.

Request a Consultation for Your Case

Drafting a parental plan is an act of great responsibility that will affect your children's lives for years to come. Relying on an experienced professional is essential to ensure that the agreement is complete, legally valid, and, above all, effective. If you are going through a separation and wish to define a parental plan that best protects your children, you can contact the Bianucci Law Firm in Milan for a consultation. Lawyer Marco Bianucci will analyze your specific situation to help you build a serene future for your family.