Dealing with separation is a complex journey, but when disagreements between parents affect the psychological well-being of children, the situation becomes particularly delicate. One of the most frequent and painful scenarios concerns disputes over medical care, especially when one parent deems psychological therapy necessary for the minor and the ex-partner opposes it or, even worse, interrupts an ongoing treatment. In these moments, it is crucial to understand the legal tools available to protect the child's health. As a family lawyer in Milan, lawyer Marco Bianucci deals with these dynamics daily, offering targeted legal support to resolve parental conflicts related to decisions of major interest for the children.

The Legal Framework: Shared Custody and the Minor's Health

In our legal system, the general rule in cases of separation or divorce is shared custody. This arrangement stipulates that parental responsibility is exercised by both parents, who must jointly make decisions of major interest for their children, relating to education, upbringing, health, and the choice of habitual residence. Initiating or continuing psychotherapy falls squarely within the scope of fundamental decisions concerning the minor's health.

Therefore, neither parent can act unilaterally or impose their will on the other. If one parent enrolls their child with a psychologist without the ex-partner's consent, or if the ex-partner unilaterally interrupts the sessions, this constitutes a violation of the rules of shared custody. Faced with an insurmountable disagreement on an issue so crucial for the child's psychophysical well-being, the law provides for recourse to the judicial authority. The judge, after assessing the circumstances and the exclusive interest of the minor, will be tasked with resolving the dispute, and may authorize the therapeutic path even in the absence of one parent's consent.

The Approach of the Bianucci Law Firm in Milan

Resolving a dispute related to a child's psychological health requires extreme sensitivity, clarity, and a deep understanding of family dynamics. The approach of lawyer Marco Bianucci, an expert in family law in Milan, focuses first and foremost on seeking a shared solution, attempting, where possible and appropriate, mediation with the other parent to avoid escalating the conflict. The primary objective is always to protect the minor from tensions between adults.

However, when dialogue proves impossible and the ex-partner persists in an unjustified refusal that infringes upon the child's right to health, the Bianucci Law Firm intervenes promptly in court. Lawyer Marco Bianucci prepares the appeal to the competent judge, detailing and documenting the reasons that make psychotherapy necessary. Through medical reports, school certifications, or expert opinions, it is demonstrated how the psychological path is essential for overcoming a period of distress for the minor, requesting the court to issue an order authorizing the treatment, thereby overcoming the other parent's veto.

Frequently Asked Questions

What can I do if my ex doesn't want to pay for our child's psychologist?

Extraordinary medical expenses, such as those for psychotherapy, must be agreed upon in advance by both parents. If there is disagreement not only on the expense but on the very necessity of the therapy, it is necessary to go to court. Once the judge has authorized the therapeutic path in the minor's interest, they will also establish the cost-sharing between the parents, obliging the ex-partner to contribute their share.

Can I take my child to the psychologist without telling the other parent?

Under shared custody, it is not permitted to make decisions about the minor's health without the knowledge or against the will of the other parent. Unilaterally starting a psychological treatment exposes you to the risk of legal challenges and may lead the other parent to request the interruption of sessions. It is always mandatory to seek agreement or, in case of refusal, obtain authorization from the court before starting treatment.

How long does it take to get a judge's authorization for therapy?

The times of justice can vary based on the court's workload and the complexity of the family situation. However, as these matters concern the health and psychological well-being of a minor, judges tend to handle these proceedings with a certain urgency. In cases of serious and proven necessity, it is possible to request urgent measures to promptly protect the child.

Protect Your Child's Well-being

Issues concerning children's psychological health cannot be left unresolved or hindered by parental conflicts. If your ex-partner opposes a therapeutic path necessary for the child's well-being, it is essential to act with awareness and determination. The costs and timelines of legal proceedings depend on numerous factors specific to each case, such as the level of conflict and the need for any technical consultations. During the initial consultation, lawyer Marco Bianucci will thoroughly analyze your situation and provide a clear and transparent overview of the commitment required. Contact the Bianucci Law Firm in Milan to schedule an introductory meeting and evaluate together the most effective strategy to protect your child's interests and serenity.