Within divorce or separation contexts, minors’ interest constitutes the most relevant aspect to take into consideration. In fact, minor’ wellbeing and education is actually deemed higher than spouses’ personal or economic interests. According to Italian Jurisdiction, the best manner to achieve children wellbeing is preserving minors’ relationship with both parents.
The double parenthood principle is a concrete implementation of minors’ interest. In addition shared custody regime is the instrument that Italy and other New York Convention petitioners need to implement with the purpose of ensuring that children will always have an affective relationship with both parents. In addition, the minor has the right to maintain a balanced and healthy relationship with both spouses.
To some extent, both spouses must respect shared custody regime as any obstacles or voluntary behaviour against double parenthood principle may have severe consequences. In fact, parental alienation behaviours may affect double parenthood principle. In details, one of the spouses may undertake behaviours that aim to cancel father or mother’s presence from minor daily life; often seeking to replace them with a new man or woman figure.
Based on that, such toxic behaviours have the capacity to undermine children-spouse relationship and, inevitably, minor’s interest to keep both relations with the parents. Italian Court released an official decree that determined the sole custody regime. In addition, the mother who tried to alienate other spouse figure has been forced to pay child support.
VGS professional are able to assist you in every stage of your child custody process. Our lawyers have achieved brilliant results negotiating the best condition for our clients. Should you need any information in relation to this matter, please contact us through the online form you find in our website. You will receive a first answer within the next 24 hours.