Decision spoken from Italy: “You cannot force grandchildren to meet with grandparents”

The Italian Supreme Court decision came in response to an appeal by the parents of two children against an earlier decision by a Milan juvenile court.

Consequently, the children legally earned the right not to visit their grandparents.

The court had ruled that the children had to spend time with their paternal grandparents after an elderly couple complained that the children’s parents were “putting up barriers” to their ability to stay in touch during an ongoing family dispute.

In 2019, the juvenile court ordered social worker-supervised meetings between children and grandparents, despite parental objections, and an attempt to appeal the decision on behalf of the parents failed.

THERE IS A 12 YEAR RULE

But the Supreme Court this week reversed the decision, admitting that the two boys had expressed displeasure at being forced to see for themselves, although there was “no doubt” they would “benefit from the link between the generations.”

The court ruled that in scenarios involving an “undesirable relationship”, the rights of the children should outweigh those of the grandparents. Now Children over the age of 12 will not be able to discern if they want to continue the relationship with their grandparents and will be forced to do so.

Cristina Maggia, head of the Brescia juvenile court, told the Italian daily Vita: “Children should be able to establish relationships with grandparents and other family members if these relationships are beneficial and productive for the child himself. If this is not the case, if the relationship is imposed on the children, the grandparents do not have the right to maintain a relationship with the grandchildren. saying.