The health and well-being of one's children are the absolute priority for every parent. When, following a separation or divorce, it becomes apparent that the ex-partner is ignoring the child's medical prescriptions or failing to administer necessary therapies, deep distress and legitimate concern arise. As a family lawyer in Milan, Avv. Marco Bianucci perfectly understands the delicacy of these situations, where time and prompt intervention are crucial factors in protecting the child's physical and psychological integrity.

The Legal Framework: Joint Custody and Child's Health

In our legal system, the general rule in cases of separation is joint custody. This arrangement requires that decisions of major interest for the children, including those relating to health and medical care, must be made by mutual agreement between both parents. Article 337-ter of the Civil Code clearly establishes this principle, obliging mother and father to cooperate for the good of their offspring.

However, when one parent unilaterally disregards the indications of a pediatrician or specialist, refusing to administer life-saving medications, chronic therapies, or necessary treatments, it constitutes a serious violation of parental duties. Such behavior not only endangers the child's health but also amounts to a breach that the legal system severely sanctions. The parent witnessing this negligence has the duty and the right to intervene to restore a safe situation, by appealing to the Judicial Authority to obtain urgent and appropriate measures.

The Bianucci Law Firm's Approach

Addressing medical negligence by an ex-spouse requires firmness, speed, and a deep understanding of family procedural dynamics. The approach of Avv. Marco Bianucci, an expert lawyer in family law in Milan, focuses primarily on ensuring the child's safety. The first step involves a thorough analysis of medical documentation, reports, and prescriptions, in order to establish the necessity and urgency of the omitted treatments.

Subsequently, the Bianucci Law Firm develops a tailored strategy, prioritizing, where possible and not risky for the child, a formal reminder to the other parent to urge compliance. If the out-of-court route proves ineffective or the seriousness of the situation does not allow for delays, Avv. Marco Bianucci proceeds with filing urgent appeals before the Court. The goal is to obtain measures that may include exclusive authorization to make medical decisions, modification of custody arrangements, or, in the most extreme cases, limitation of the non-compliant party's parental responsibility, always and solely focusing on the child's best interests.

Frequently Asked Questions

What are the risks if my ex-spouse doesn't give the child medication during their visitation days?

If the omission concerns important medications or prescribed therapies, the non-compliant parent risks serious legal consequences. The Judge may admonish the parent, impose financial penalties, modify the visitation schedule, or, in cases of serious harm to the child's health, review the custody arrangements, granting exclusive custody to the diligent parent.

Can I report my ex if they ignore our child's medical care?

Yes, in cases where the omission of care concretely endangers the child's health or safety, the behavior can constitute criminal offenses, such as the violation of family assistance obligations or, in more serious instances, negligent personal injury or mistreatment. It is essential to carefully assess the situation with a legal professional before proceeding in criminal court.

How can I prove that the other parent is not administering the therapies?

Proof can be provided through various elements: medical certificates attesting to the worsening of the child's health upon return from periods spent with the other parent, third-party testimonies (such as teachers or relatives), written communications (messages, emails) in which the ex admits or justifies the failure to administer, and counting unused medication doses.

How long does it take to obtain an order from the Judge?

The times of justice vary, but in situations where a child's health is at risk, the law provides for urgent procedures. Through specific appeals, it is possible to obtain provisional measures to protect the child in a very short time, sometimes within a few days, pending a more in-depth investigation.

Protect Your Child's Health: Request a Consultation

If you find yourself facing the distressing situation where your ex-partner is ignoring the necessary medical prescriptions for your child, do not wait for the situation to worsen. Time is of the essence in preventing harm to the child's health. Contact Avv. Marco Bianucci, family lawyer in Milan, to analyze your situation in detail. You will receive targeted, concrete legal assistance aimed at immediately restoring the child's safety and well-being. At the Bianucci Law Firm at Via Alberto da Giussano 26, you will find professional listening and the most appropriate strategy to protect your family's fundamental rights.