The Protection of Children After Separation

Facing separation or divorce is a complex journey, but the situation becomes even more difficult when one parent disrespects the Court's decisions regarding children. Failure to respect visitation rights, refusal to contribute to extraordinary expenses, or unilateral decisions about the minors' lives can generate deep frustration and harm the children's psychophysical balance. In these scenarios, the law provides a specific and effective tool to assert one's rights and, above all, to protect the minor's well-being: the appeal under art. 709-ter of the Code of Civil Procedure. The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses on the strategic use of this tool to resolve disputes and restore respect for established rules.

What is the Appeal under art. 709-ter and When to Use It

The appeal governed by article 709-ter c.p.c. is a proceeding that can be initiated when serious non-compliance or actions occur that harm the minor or hinder the proper implementation of custody arrangements. This is not an ordinary lawsuit but a faster proceeding designed to resolve parental disputes promptly. This tool can be used in various situations, the most common being the failure to respect the visitation schedule set by the judge, the failure to pay extraordinary expenses (medical, school, sports), or making important decisions for the child's life (e.g., change of residence, choice of school) without the other parent's consent.

Sanctions Provided by Law

The objective of the appeal is not only to ascertain the violation but also to obtain concrete measures. The judge, once the non-compliance is verified, has various powers to sanction the responsible parent and prevent future violations. Sanctions can include: the admonishment of the non-compliant parent, urging them to respect the orders; the order to pay damages to the minor or the other parent; the order to pay an administrative pecuniary sanction, a sum of money to be paid to the Cassa delle ammende. In particularly serious cases, the judge can also modify the orders regarding child custody.

The Approach of the Bianucci Law Firm

Every parental conflict has unique dynamics and requires in-depth analysis. As an expert in family law, lawyer Marco Bianucci handles cases of violation of parental obligations with a strategic and personalized approach. The first step is to gather all necessary evidence to prove non-compliance (written communications, payment receipts, testimonies). Subsequently, it is assessed whether the appeal under art. 709-ter c.p.c. is the most appropriate tool to achieve the objective, which is always the preeminent protection of the minor's interest. The Bianucci Law Firm in Milan provides legal assistance aimed not only at sanctioning incorrect behavior but also at re-establishing a functional balance for the child's serene growth.

Frequently Asked Questions

What happens if the ex does not respect the visitation days?

If a parent systematically prevents or hinders the other's visitation rights, it constitutes a serious non-compliance. An appeal under art. 709-ter c.p.c. can be filed to ask the judge to admonish the non-compliant parent, establish stricter visitation arrangements, and, in more serious cases, apply financial sanctions or modify custody conditions.

How can I recover unpaid extraordinary expenses?

The failure to reimburse extraordinary expenses, if agreed upon or necessary, is a violation of maintenance obligations. In addition to debt recovery procedures, the 709-ter appeal can be used to sanction such behavior, obtaining an order from the judge condemning the parent to pay a pecuniary sanction, in addition to reimbursing the sums owed.

How long does an appeal under art. 709-ter c.p.c. take?

This type of proceeding is designed to be faster than an ordinary lawsuit. The times can vary depending on the workload of the competent Court and the complexity of the case. However, the goal is to provide a judicial response in a relatively short time to resolve the dispute and protect the minor.

Can the judge modify custody with this appeal?

Yes, in cases of serious and repeated non-compliance that demonstrate parental conduct detrimental to the minor, the judge has the power to modify existing orders, including custody arrangements. This is an extreme measure, adopted only when strictly necessary to ensure the child's well-being.

Request an Assessment of Your Case in Milan

If you are facing difficulties in enforcing court decisions and wish to protect your children's rights and peace of mind, it is crucial to act with the correct legal tools. The assistance of a professional experienced in family law can make a difference. To discuss your situation and understand how an appeal under art. 709-ter c.p.c. can help you, contact lawyer Marco Bianucci at the Bianucci Law Firm at Via Alberto da Giussano, 26 in Milan for an in-depth assessment of your case.