Commentary on Judgment Cass. civ., Section VI - 1, no. 28883 of 2020: Biparentality and Visitation Rights

Judgment no. 28883 of 2020 by the Court of Cassation proves crucial in the context of spousal separation and visitation rights concerning minor children. The Court upheld the appeal of a father, D.P.M., who contested the decision of the Court of Appeal of Genoa, which had limited the visitation arrangements with his daughter A., establishing a schedule that dated back to when the minor was only six months old. This decision has raised questions about the correct application of the principle of biparentality and the superior interest of the child.

Context of the Judgment

In the judicial proceedings, the father had requested a modification of the visitation regime, believing that the current arrangements did not ensure an adequate father-daughter relationship. The Court of Appeal, however, maintained the previous decree unchanged, relying on the conclusions of a technical consultant (CTU) who had excluded overnight stays with the father, justifying this choice with the alleged immaturity of the parent and the conflict with the other parent, G.I.

The principle of biparentality must ensure the active presence of both parents in the child's life, to foster stable and meaningful emotional relationships.

Reasons of the Court of Cassation

The Court of Cassation upheld the father's grounds for appeal, emphasizing that the Court of Appeal had not adequately considered the superior interest of the minor and the importance of biparentality. Italian jurisprudence, also supported by European regulations such as Article 8 of the European Convention on Human Rights, holds that restrictions on visitation rights must be justified by solid and specific reasons.

• The right to biparentality implies the need to ensure stable relationships with both parents.
• Judicial decisions must be clearly and detailedly reasoned, especially regarding the child's best interests.
• Conflict between parents must not preclude the child's relationship with either parent.

Conclusions

In conclusion, judgment no. 28883 of 2020 represents an important step in protecting the rights of minors in separation situations. The Court of Cassation reiterated the need to carefully evaluate the emotional and relational dynamics between parents and children, so that the principle of biparentality is effectively respected. This case reminds us of the importance of a balanced approach focused on the child's well-being, which is fundamental in all family disputes.