What to do when your ex-spouse obstructs your relationship with your children

Having your visitation rights to your children denied is one of the most painful and frustrating experiences a parent can face after a separation. The feeling of powerlessness in the face of an ex-spouse who, with flimsy excuses or outright obstructionism, prevents meetings established by the judge, often leads one to wonder if it is possible to request the immediate intervention of law enforcement. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci deeply understands the delicacy of these situations, where emotional urgency often clashes with the timelines and procedures of the legal system. It is crucial to maintain clarity of mind to avoid missteps that could exacerbate the conflict and harm the minor, instead acting with strategy and legal firmness.

Law Enforcement Intervention: Limitations and Possibilities

The most frequent question asked in the office is whether it is possible to call the Police or Carabinieri when the other parent does not hand over the child or does not open the door at the scheduled time. The answer requires a clear distinction between civil and criminal matters. Generally, law enforcement tends not to intervene in family law matters concerning the mere management of visitation schedules, considering them civil disputes. They cannot, except in exceptional cases of serious and imminent danger to the child's physical safety, forcibly enter a private home to pick up a child and hand them over to the other parent. Forced execution of obligations to act, such as the handover of a minor, does not occur through immediate patrol intervention.

However, their intervention can be requested to ascertain the facts. Calling law enforcement can serve to have the incident documented, obtaining an official record that the meeting was prevented. This report does not resolve the problem immediately, as officers are unlikely to force the handover of the child on the spot, but it constitutes a fundamental piece of evidence. It is important to know that repeated obstruction of visitation rights can constitute the crime of wilful non-compliance with a judge's order, as provided for by Article 388 of the Italian Penal Code. In this context, filing a complaint with the competent authorities initiates criminal proceedings, which serve to punish the non-compliant parent but do not guarantee the immediate resumption of visits.

The Bianucci Law Firm's Approach to Protecting Parenthood

Faced with these violations, the strategy of Avv. Marco Bianucci, a lawyer specializing in family law in Milan, is not limited to a simple complaint but aims for a concrete and timely resolution of the problem through civil law instruments. The primary objective is not only to sanction the other parent but to restore the relationship between parent and child. The firm's approach involves targeted action before the civil court, using tools such as the appeal under Article 709 ter of the Italian Code of Civil Procedure, which allows the judge to admonish the non-compliant parent, order compensation for damages in favor of the minor or the other parent, and, in more serious cases, order the payment of an administrative penalty.

Avv. Marco Bianucci analyzes each individual instance of non-compliance to build a solid evidentiary framework. This includes collecting documentary evidence, messages, testimonies, and, if necessary, law enforcement reports. In situations where obstruction is systematic and harmful to the child's psychophysical balance, the Firm considers the possibility of requesting a modification of the custody or placement conditions of the child. The expertise gained over years of legal practice in Milan allows for the judicial intervention to be calibrated to be incisive but always respectful of the child's supreme interest, preventing the child from becoming a tool in a war between adults.

Frequently Asked Questions

Can I call the Carabinieri if my ex-wife or ex-husband doesn't let me see my child?

Yes, you can call them, but it's important to have realistic expectations. Law enforcement can intervene to identify the parties and draw up a report attesting to the refusal to hand over the minor. However, they will rarely forcibly retrieve the child to hand them over to you, unless there are clear situations of danger. The report will, however, be valuable evidence to use later in court with the assistance of your family lawyer.

What are the risks if I stop paying child support because I don't see my child?

This is a very serious mistake to absolutely avoid. The right to visitation and the obligation to provide maintenance are two distinct and independent legal duties. Stopping payment of child support as retaliation for denied visitation exposes you to civil (seizures) and criminal consequences, drastically weakening your legal position before the judge when you seek protection for your parental rights.

How long does it take to get a court order against the other parent?

Timelines vary depending on the court's caseload, but urgent procedures exist to protect the parental relationship. Through specific appeals to the Court of Milan, Avv. Marco Bianucci works to obtain orders as quickly as possible, especially when continuity of affection with the minor is at risk. Prompt legal action is essential to avoid consolidating harmful practices.

What is Article 388 of the Penal Code in the context of family law?

Article 388 of the Penal Code punishes wilful non-compliance with a judge's order. In family law, it applies when a parent evades a court order concerning custody or visitation rights of children. Although a criminal conviction is a penalty for the illicit behavior, to achieve the actual resumption of meetings, it is almost always necessary to act in parallel in civil proceedings.

Contact Avv. Marco Bianucci to protect your relationship with your children

If your visitation rights are systematically obstructed, do not wait for the situation to become entrenched or for your relationship with your child to deteriorate irreparably. Acting impulsively or resigning yourself are not valid options. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, is ready to listen to your story and define the most effective legal strategy to assert your parental rights. Contact the firm to schedule an initial consultation and evaluate together how to proceed for the well-being of your children.