VIene defined “maternal preference“ And it is the Trend of judges to entrust the minors of parents separated preferably to the motherin particular if they are small, especially if in preschool age. A trend that the Court of Cassation, with a sentence issued last January, but only recently entry to the center of the expert debate, now invites you to modify.
It is a certainly innovative decision because it stigmatizes “the use of this criterion abstractly” and He underlines how fundamental the principle of big -year -old is fundamentalwhich must always have the needs of minors as primary objective. The case examined by the supreme judges concerns a three -year -old girl that the court had given in shared foster care to both parents. A choice modified on appeal when the little girl had instead been entrusted to the mother only because in preschool age, but without evaluating what was the most suitable solution.
New fathers, new laws
Just based on this “omission” the Cassation established that both should have dealt – in the same way and the same times – of the girl. The line is traced: “Measures that significantly limit the attendance between one of the parents and the child based on abstract assessments cannot be adoptednot related to the specific family reality and the prevalent placement at the mother must not be taken for granted ».
Fiorenza Sarzanini (photo by Carlo Vangi Gilbert).
The reason is well explained: “If both parents, for logistical and family balance reasons, are able to guarantee a healthy satisfaction of the patrimonial and non -pecuniary needs of the minor, one should opt for a joint placement, with an equitable distribution of times and spaces”.
Very often the separate fathers have openly expressed dissent towards courts which automatically favor mothers. In the sentence, the Cassation instead invites the judges “to carefully evaluate the specificities of each case, avoiding automatisms based on gender stereotypes, and to privilege solutions that guarantee the well -being and balance of the minor through the active presence of both parents”. A decision that can and must also have effects on the quantification of the maintenance allowance.
Why shouldn’t a man be able to look after a small child?
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