What are coercive measures

Facing the end of a relationship or managing post-separation agreements is a complex journey, which becomes even more difficult when one party does not comply with the provisions established by the judge. This situation can generate deep frustration and a sense of helplessness, especially when children are involved. Italian law, however, provides specific tools to ensure that family obligations are respected. As an expert lawyer in family law in Milan, lawyer Marco Bianucci assists his clients in activating these protective mechanisms, ensuring that court decisions are not just left on paper. Understanding how these measures work is the first step to restoring balance and protecting your rights and those of minors.

In family law, to ensure compliance with obligations, the legislator has introduced two main tools: indirect coercive measures, known as astreintes (art. 614-bis c.p.c. - Italian Code of Civil Procedure), and sanctions provided for the resolution of disputes regarding the exercise of parental responsibility (art. 709-ter c.p.c.). Astreintes consist of a sum of money that the non-compliant party is ordered to pay for each violation or delay in the execution of a provision. Their purpose is not to compensate for damages, but to incentivize voluntary compliance. Article 709-ter c.p.c., on the other hand, applies specifically to family disputes and allows the judge, in cases of serious non-compliance or acts that may harm the minor, to admonish the non-compliant parent, order compensation for damages in favor of the minor or the other parent, and order them to pay a monetary penalty.

When can sanctions and penalties be applied

The application of these measures is not automatic, but must be requested from the competent judge, who will assess the seriousness and nature of the non-compliance. The most common situations in which these tools are used include non-compliance with visitation rights, one of the most frequent and painful cases. If a parent systematically obstructs the other's meetings with the children, it is possible to ask the judge to set a sum of money for each missed meeting. Another area of application concerns decisions of major importance for the children, such as the choice of school or medical care. If a parent makes unilateral decisions violating the principle of shared custody, the other can turn to the court to assert their rights and request the application of sanctions. Non-compliance with financial obligations, such as the payment of maintenance, can also lead to the application of these measures, although in this case there are also other protective tools such as seizure.

The approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an expert in family law in Milan, is based on a strategic and personalized analysis of each individual case. The primary goal is not to escalate conflict, but to find the quickest and most effective solution to protect the client's interests and, above all, the minor's. Initially, the possibility of an out-of-court intervention, such as a formal warning letter, is evaluated to remind the other party of their duties. If this approach does not produce results, a targeted appeal to the court is filed, rigorously documenting each instance of non-compliance. The request for the application of coercive measures is formulated clearly and proportionally to the severity of the violation, with the aim of obtaining a ruling that acts as an effective deterrent for the future. In-depth knowledge of the jurisprudence of the Court of Milan allows the procedural strategy to be oriented towards solutions with the highest probability of success.

Frequently Asked Questions

What can I do if the other parent does not respect visitation hours?

If the non-compliance with visitation hours is systematic and unjustified, it is necessary to act to protect your right and your child's right to maintain a continuous relationship. The first step is to gather evidence of the violations (e.g., messages, emails, testimonies). Subsequently, through a lawyer, it is possible to file an appeal with the court requesting the admonishment of the non-compliant parent and the application of a monetary penalty for each future violation, pursuant to art. 709-ter c.p.c.

Can the judge also order compensation for damages?

Yes, Article 709-ter of the Code of Civil Procedure expressly provides that the judge may order the non-compliant parent to compensate for damages caused to the minor or the other parent. This refers to non-pecuniary damage, related to the suffering and prejudice caused by the illicit behavior, such as depriving the child of the presence of a parental figure.

How long does it take to obtain a court order?

The timing can vary depending on the court's workload and the complexity of the case. However, proceedings under art. 709-ter c.p.c. are generally handled with a certain urgency, precisely because they concern the protection of minors. After filing the appeal, the judge schedules a hearing within a relatively short time to hear the parties and issue the necessary orders, which may also be provisional and immediate.

Request a Case Evaluation

If you are facing non-compliance with family obligations by your ex-partner and wish to understand what legal tools are available to protect your rights, it is essential to rely on a professional with specific experience. Lawyer Marco Bianucci offers legal advice in Milan to analyze your situation and define the most appropriate strategy. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 for a case evaluation and to receive legal assistance aimed at restoring compliance with agreements and ensuring your children's well-being.