Separation and Joint Custody: Commentary on Judgment Cass. n. 15815/2022

Judgment no. 15815 of 2022 by the Court of Cassation represents an important ruling on the separation of spouses and child custody. The Court, confirming previous decisions, reiterated the fundamental principle of joint custody, emphasizing that it should be the rule, unless there are elements that justify an exception. This article aims to analyze the main aspects of this judgment, clarifying its meaning and implications for separated parents.

Context of the Judgment

The Court of Appeal of Catania had established, in the appealed judgment, joint custody of the children, with placement at the mother's home and visitation rights for the father. The appellant, C.F., contested this decision, complaining about the failure to consider the father's contribution to maintenance and the denial of exclusive custody.

In matters of child custody, joint custody is the rule, while exclusive custody must be motivated by evident reasons of prejudice to the minor.

Grounds for Appeal and the Court's Decision

C.F. presented three grounds for appeal, all declared inadmissible by the Court of Cassation. The Court emphasized that the first and second grounds concern merits already assessed by the lower courts. Furthermore, the Court reiterated that the assessment of a parent cannot be based solely on economic defaults but must take into account the overall parental attitude. The third ground, relating to the apparent reasoning of the judgment, was rejected as the Court found the reasoning clear and adequate.

Legal Principles at Play

The Court of Cassation recalled the principles established by legislation and jurisprudence, particularly Article 337 ter of the Civil Code, which provides for joint custody as a general rule. It is essential that any derogations are justified by solid reasons, in line with the superior interest of the minors. Judgment no. 6536 of 2019 was cited to reiterate that exclusive custody must be supported by concrete evidence of the unsuitability of the non-custodial parent.

• Joint custody as a general rule
• Need for solid reasons for exclusive custody
• Overall assessment of parental behavior

Conclusions

Judgment no. 15815/2022 by the Court of Cassation offers an important reflection on the delicacy of separation proceedings and the importance of ensuring the best interests of the children. It reaffirms the need for shared upbringing between parents, emphasizing that decisions must always be aimed at preserving the bond between parent and child, avoiding compromise of the minor's interest. In a context of growing attention to the protection of minors' rights, this ruling represents an important step towards increasingly attentive and aware jurisprudence.