Grandparents' Right of Visit: Commentary on Judgment Cass. Civ. No. 19779/2018

Judgment No. 19779 of July 25, 2018, by the Court of Cassation represents an important step forward in the regulation of the rights of ascendants, particularly concerning the right of grandparents to maintain significant relationships with their grandchildren. The Court confirmed that these rights, although recognized, are subordinate to the superior interest of minors. This article analyzes the key points of the judgment, its legal implications, and the relevant regulatory context.

The Case and the Court's Decision

The appellant, G.C., requested the recognition of his right to maintain significant relationships with his grandchildren, invoking Article 317 bis of the Civil Code, introduced by the 2013 reform. However, the Court of Appeal of Ancona had deemed his past violent behavior inconsistent with the interest of the minors, thus denying the right of visit. The Court of Cassation, in its review, confirmed that decisions on grandparents' rights of visit must prioritize the well-being of minors.

The right of ascendants to maintain significant relationships with minor grandchildren is a full right exclusively towards third parties, whereas it constitutes a recessive subjective position in the face of the pre-eminent interest of the grandchildren.

Recognition of Ascendants' Rights

The judgment emphasized that Article 317 bis of the Civil Code introduces an autonomous right for grandparents, but this right must always be balanced with the superior interest of minors. The Court highlighted that, in case of conflict, the child's welfare must prevail. European jurisprudence has supported this approach, reiterating the importance of ensuring a serene upbringing environment for children.

Legal and Regulatory Implications

The Court stated that measures affecting the rights of ascendants are subject to the rebus sic stantibus judgment, meaning they can only be modified in the presence of new circumstances. This principle is fundamental to ensuring stability and certainty in family relationships. Furthermore, the Court referred to European regulations, such as Article 8 of the ECHR, which protects the right to family life, highlighting the importance of adequate protection for minors.

• The right of grandparents is not unconditional but must respect the child's interest.
• The stability of decisions is fundamental for family relationships.
• The rights of ascendants are subordinate to the safety and well-being of minors.

Conclusions

In conclusion, judgment No. 19779/2018 by the Court of Cassation offers valuable guidance on grandparents' rights of visit, emphasizing the importance of a balanced approach that considers the superior interest of minors. This legal orientation not only clarifies the position of grandparents but also reinforces the need for a healthy and protected family environment for the youngest.